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→Purpose: add legal provisions for invocation
==Purpose==
==Purpose==
This Amendment, ratified in 1967, was adopted in response to President Eisenhower's heart attack and the assassination of President Kennedy. There were earlier concerns when President Wilson had a very disabling stroke but stayed in power because his wife and the White House concealled the illness<ref>{{cite web|url=https://www.whitehouse.gov/1600/presidents/woodrowwilson|title=Woodrow Wilson|accessdate=January 11, 2015}}</ref>, along with the sudden and unexpected death of President Roosevelt (Franklin) while on vacation. Given the pressure of the [[Cold War]] to have a President always available to provide leadership, even in the event of an illness, a clear procedure was needed to define who could make decisions as Commander-in-Chief. Some argue that the amendment could be misused to authorized the president to handpick his successor by (1) obtaining the resignation of the vice-president, (2) appointing a new vice-president, and then (3) resigning. Six years later, President Nixon handpicked the future President Ford in this manner, without Ford ever being elected president. (Of course, the new Vice President was confirmed by the United States Senate.)
This Amendment, ratified in 1967, was adopted in response to President Eisenhower's heart attack and the assassination of President Kennedy. There were earlier concerns when President Wilson had a very disabling stroke but stayed in power because his wife and the White House concealled the illness<ref>{{cite web|url=https://www.whitehouse.gov/1600/presidents/woodrowwilson|title=Woodrow Wilson|accessdate=January 11, 2015}}</ref>, along with the sudden and unexpected death of President Roosevelt (Franklin) while on vacation. Given the pressure of the [[Cold War]] to have a President always available to provide leadership, even in the event of an illness, a clear procedure was needed to define who could make decisions as Commander-in-Chief. Some argue that the amendment could be misused to authorized the president to handpick his successor by (1) obtaining the resignation of the vice-president, (2) appointing a new vice-president, and then (3) resigning. Six years later, President Nixon handpicked the future President Ford in this manner, without Ford ever being elected president. (Of course, the new Vice President was confirmed by the United States Congress.)
Conservatives criticize this amendment by arguing that it was passed to allow unelectable, but powerful, politicians like Nelson Rockefeller to become president. Indeed, President Ford picked Nelson Rockefeller as his vice president, making Rockefeller next-in-line to become president. Prior to this amendment and for most of American history, a vacancy in the office of vice-president remained unfilled until the next presidential election. (During such vacancies, an official of the party opposing the President could take office if the President died or left office.)
Conservatives criticize this amendment by arguing that it was passed to allow unelectable, but powerful, politicians like Nelson Rockefeller to become president. Indeed, President Ford picked Nelson Rockefeller as his vice president, making Rockefeller next-in-line to become president. Prior to this amendment and for most of American history, a vacancy in the office of vice-president remained unfilled until the next presidential election. (During such vacancies, an official of the party opposing the President could take office if the President died or left office.)
Under Section 4, as enumerated in the United States Code, the Secretaries (including Acting Secretaries) of the following departments are the ones authorized to invoke (or attempt to invoke) the provision regarding Presidential disability: State, Treasury, Defense. Justice (the Attorney General), Interior, Agriculture, Commerce, Labor, Health and Human Services, Housing and Urban Development, Transportation, Energy, Education, Veterans Affairs, and Homeland Security. Thus, if a President did not agree on his own of a disability, then eight of the 15 Secretaries, plus the Vice President, would have to agree that a sitting President is disabled, in order to invoke the provision (and would also have to agree that the disability has been removed).
==Popular culture==
==Popular culture==
Since its adoption, many fictional works have illustrated its function and short comings. Most notably, ''[[The West Wing]]'' had the President step aside when his daughter Zoe was kidnapped transferring power to the Speaker of the House who was of the opposite party.<ref>''The West Wing'', Episode 4.23: [[Twenty Five (The West Wing)|Twenty Five]]. Original airdate: May 14, 2003.</ref> The President then resumed serving in the office when his daughter is recovered.
Since its adoption, many fictional works have illustrated its function and short comings. Most notably, ''[[The West Wing]]'' had the President step aside when his daughter Zoe was kidnapped transferring power to the Speaker of the House who was of the opposite party.<ref>''The West Wing'', Episode 4.23: [[Twenty Five (The West Wing)|Twenty Five]]. Original airdate: May 14, 2003.</ref> The President then resumed serving in the office when his daughter is recovered.