What Was the Original Reason for the 25th Amendment?

iStock
iStock

The 25th Amendment has been in the news a lot recently. As this year marks the 50th anniversary of its ratification, let’s explore each section of this oft-discussed amendment and what led us there.

SECTION 1: “IN CASE OF THE REMOVAL OF THE PRESIDENT FROM OFFICE OR OF HIS DEATH OR RESIGNATION, THE VICE PRESIDENT SHALL BECOME PRESIDENT”

First, a question: How many presidents have there been? Some say 45, others will remember Grover Cleveland’s nonconsecutive terms and say 44. Less well known is that there was a very serious question following William Henry Harrison’s death in 1841: Was John Tyler now president?

The Constitution specifies that the duties of the presidency shall “devolve on the Vice President” but does not specify that the actual title (or, among other things, the salary increase) goes to the VP. As the Senate was debating the issue after Harrison’s death, Senator Benjamin Tappan of Ohio made the analogy that “If a colonel was shot in battle, the next officer in rank took command of the regiment, but he did not thereby become a colonel.”

John TylerPublic Domain, Wikimedia Commons

Another senator, referring to Tyler, attempted to strike out the word “president” in a procedural document and replace it with “the Vice President, on whom, by the death of the late President, the powers and duties of the office of President have devolved.” The measure was struck down 38-8. Tyler would ultimately fully assert that he was the president in duties as well as title, which created a precedent that lasted for more than 120 years. But it was just precedent, and some later presidents in similar situations—especially Millard Fillmore—were still labeled “Acting President” until the 25th Amendment finally specified, “In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.”

SECTION 2: “WHENEVER THERE IS A VACANCY IN THE OFFICE OF THE VICE PRESIDENT, THE PRESIDENT SHALL NOMINATE A VICE PRESIDENT WHO SHALL TAKE OFFICE UPON CONFIRMATION”

America has gone through a few different succession crises, but it was the assassination of John F. Kennedy amidst the backdrop of the Cold War that demonstrated the need for a permanent vice president.

After Kennedy’s assassination, there were concerns about each member of the line of succession. New president Lyndon Johnson had had a heart attack in 1955; if something were to happen to him, the speaker of the house was in his 70s and the president pro tempore was in his 80s. Alongside lingering concerns about Dwight Eisenhower’s health issues, congress decided that the line of succession needed to be more robust than it was.

Lyndon B. JohnsonBy Arnold Newman, White House Press Office (WHPO), Public Domain, Wikimedia Commons

As Indiana Senator Birch Bayh, one of the key forces behind the amendment, said, “The accelerated pace of international affairs, plus the overwhelming problems of modern military security, make it almost imperative that we change our system to provide for not only a President but a Vice President at all times … [the Vice President] must, in fact, be something of an ‘assistant President’” who can keep track of the national and international scene and understand what’s going on with the executive branch.

So as part of the 25th Amendment, the president was given the power to fill a vacant office of the vice president, subject to votes in both houses of congress.

SECTIONS 3 AND 4: “WHENEVER THE PRESIDENT TRANSMITS … HIS WRITTEN DECLARATION THAT HE IS UNABLE TO DISCHARGE THE POWERS AND DUTIES OF OFFICE … SUCH POWERS AND DUTIES SHALL BE DISCHARGED BY THE VICE PRESIDENT AS ACTING PRESIDENT” AND “WHENEVER THE VICE PRESIDENT AND A MAJORITY OF EITHER THE PRINCIPAL OFFICERS OF THE EXECUTIVE DEPARTMENTS TRANSMIT … THAT THE PRESIDENT IS UNABLE TO DISCHARGE THE POWERS AND DUTIES OF HIS OFFICE, THE VICE PRESIDENT SHALL IMMEDIATELY ASSUME THE POWERS AND DUTIES OF THE OFFICE AS ACTING PRESIDENT"

Dwight D. Eisenhower suffered multiple health scares during his presidency. During one of them, he realized that the circumstances for replacing a president with the vice president permanently was clear, but what if the president was only temporarily incapacitated?

The first time America was faced with this issue was James Garfield. For the 80 days that he was president but unable to serve as such, there was confusion about what Vice President Chester Arthur should do. If Arthur became acting president, would the Tyler Precedent mean that if Garfield recovered he’d be unable to reclaim the presidency? Arthur was concerned this was the case, and he would be viewed as having effectively staged a coup (not helped by Garfield's assassin having said “Arthur is President now”). Anyway, who would make the decision that Garfield was incapacitated and—more importantly—fully recovered?

By Otis Historical Archives Nat'l Museum of Health & Medicine - NCP 001861, CC BY 2.0, Wikimedia Commons

Arthur chose not to assume presidential responsibilities [PDF] and Garfield did die, so severe Constitutional questions were avoided, but later leaders would recognize that hope was not a valid plan.

After his 1955 heart attack, Eisenhower instructed Attorney General Herbert Brownell Jr. to explore a Constitutional amendment that would allow the vice president to be acting president until the president was able to say that he could resume the task. In the case of a president deciding that they were able to reclaim the presidency despite not really being able to, Brownell initially proposed impeachment. Eventually, the 25th Amendment specified that if the vice president and cabinet disagreed with the president, the issue would go to congress.

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Celebrate the Holidays With the 2020 Harry Potter Funko Pop Advent Calendar

Funko
Funko

Though the main book series and movie franchise are long over, the Wizarding World of Harry Potter remains in the spotlight as one of the most popular properties in pop-culture. The folks at Funko definitely know this, and every year the company releases a new Advent calendar based on the popular series so fans can count down to the holidays with their favorite characters.

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Right now, you can pre-order the 2020 edition of Funko's popular Harry Potter Advent calendar, and if you do it through Amazon, you'll even get it on sale for 33 percent off, bringing the price down from $60 to just $40.

Funko Pop!/Amazon

Over the course of the holiday season, the Advent calendar allows you to count down the days until Christmas, starting on December 1, by opening one of the tiny, numbered doors on the appropriate day. Each door is filled with a surprise Pocket Pop! figurine—but outside of the trio of Harry, Hermione, and Ron, the company isn't revealing who you'll be getting just yet.

Calendars will start shipping on October 15, but if you want a head start, go to Amazon to pre-order yours at a discount.

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Are Halloween Pumpkins Edible?

Diane Helentjaris, Unsplash
Diane Helentjaris, Unsplash

When people visit their local family-owned pumpkin patch around Halloween, they aren’t usually looking for dinner. The majority of the nearly 2 billion pounds of pumpkins cultivated in the U.S. each year are carved up instead of eaten, making the squash a unique part of the agriculture industry. For people who prefer seasonal recipes to decorations, that may raise a few questions: Are the pumpkins sold for jack-o’-lanterns different from pumpkins sold as food? And are Halloween pumpkins any good to eat?

The pumpkins available at farms and outside supermarkets during October are what most people know, but that’s just one type of pumpkin. Howden pumpkins are the most common decorative pumpkin variety. They’ve been bred specifically for carving into jack-o’-lanterns, with a symmetrical round shape, deep orange color, and sturdy stem that acts as a handle. Shoppers looking for the perfect carving pumpkin have other options as well: the Racer, Magic Wand, Zeus, Hobbit, Gold Rush, and Connecticut field pumpkin varieties are all meant to be displayed on porch steps for Halloween.

Because they’re bred to be decoration first, carving pumpkins don’t taste very good. They have walls that are thin enough to poke a cheap knife through and a texture that’s unappealing compared to the squashes consumers are used to eating. “Uncut carving pumpkins are safe to eat; however, it's not the best type to use for cooking,” Daria McKelvey, a supervisor for the Kemper Center for Home Gardening at the Missouri Botanical Garden, tells Mental Floss. “Carving pumpkins are grown for their large size, not the flavor. Their flesh can be bland and the fibers are very stringy.”

To get the best-tasting pumpkins possible this autumn, you’re better off avoiding the seasonal supermarket displays. Many pumpkin varieties are bred especially for cooking and eating. These include Sugar Pie, Kabocha, Jack-Be-Little, Ghost Rider, Hubbard, Jarrahdale, Baby Pam, and Cinderella pumpkins. You can shop for these varieties by name at local farms or in the produce section of your grocery store. They should be easy to tell apart from the carving pumpkins available for Halloween: Unlike decorative pumpkins, cooking pumpkins are small and dense. This is part of the reason they taste better. McKelvey says. “[Cooking pumpkins] are smaller, sweeter, have a thicker rind (meatier), and have less fibers, making them easier to cook with—but not so good for carving.” These pumpkins can be stuffed, blended into soup, or simply roasted.

If you do want to get some culinary use out of your carving pumpkins this Halloween, set aside the seeds when scooping out the guts. Roasted with seasonings and olive oil, seeds (or pepitas) from different pumpkin varieties become a tasty and nutritious snack. Another option is to turn the flesh of your Halloween pumpkin into purée. Adding sugar and spices and baking it into a dessert can do a lot to mask the fruit’s underwhelming flavor and consistency.

Whatever you do, make sure your pumpkin isn’t carved up already when you decide to cook with it. There are many ways to recycle your jack-o’-lanterns, but turning them into pie isn’t one of them. "If one does plan on cooking with a carving pumpkin, it should be intact,” McKelvey says. “Never use one that's been carved into a jack-o'-lantern, otherwise you could be dealing with bacteria, dirt and dust, and other little critters.”