What Was the Original Reason for the 25th Amendment?

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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 Tyler

Public 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. Johnson

By 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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Why Do Bats Hang Upside Down?

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iStock.com/CraigRJD

Stefan Pociask:

The age-old question of upside down bats. Yes, it is awfully weird that there is an animal—a mammal even—that hangs upside down. Sure, some monkeys do it when they're just monkeying around. And a few other tree climbers, like margays, hang upside down if they are reaching for something or—again, like the margay cat—may actually even hunt that way ... But bats are the only animals that actually spend most of their time hanging upside down: feeding this way, raising their young this way, and, yes, sleeping or roosting this way.

There is actually a very good and sensible reason why they do this: They have to hang upside down so that they can fly.

First off, we have to acknowledge that bats are not birds, nor are they insects. These are the other two animals that have true powered flight (as opposed to gliding). The difference between bat flight and bird or insect flight is weight—specifically, the ratio of weight to lift-capacity of the wings. If you walk up to a bird or insect, most species will be able to fly right up into the air from a motionless position, and do it quickly.

Bats, on the other hand (or, other wing), can’t do that. They have a lot of difficulty taking off from the ground (not that they can’t do it ... it’s just more difficult). Insects and birds often actually jump into the air to give them a start in the right direction, then their powerful wings take them up, up, and away.

Birds have hollow bones; bats don’t. Insects are made of lightweight chitin or soft, light tissue; bats aren’t. And bats don’t have what you could call "powerful" wings. These amazing creatures are mammals, after all. The only flying mammals. Nature found a way to evolve such an unlikely thing as a flying mammal, so some compromises had to be made. Bats, once airborne, manage perfectly well in the air, and can literally fly circles around most birds in flight. The problem is in first getting off the ground.

To compensate for the extra weight that mammals must have, to compensate for the problem of getting off the ground, evolution found another way for bats to transition from being motionless to immediately being able to fly when necessary. Evolution said, “How about if we drop them from above? That way they are immediately in the air, and all they need to do is start flapping."

It was a great idea, as it turns out. Except bat feet aren’t any good for perching on a branch. They are mammals, not birds, so their musculature, their bones, and their tendons are set up in a completely different way. When a bird squats down on a branch, their tendons actually lock their toes into an even tighter grip on the perch. It happens automatically. That’s part of being a bird, and is universal. That’s why they don’t fall off in their sleep.

Bats, as mammals, are set up differently. Therefore, to compensate for that fact, nature said, “How about if we have them hang upside down? That way, their tendons will actually pull their toes closed, just like a bird does from the opposite direction.” So that’s what evolved. Bats hang from the bottom of something, and all they have to do is "let go" and they are instantly flying. In fact, with this gravity-assist method, they can achieve instant flight even faster than birds, who have to work against gravity.

Side note: In case you were wondering how bats poop and pee while upside down ... First off, pooping is no big deal. Bat poop looks like tiny grains of rice; if they are hanging, it just falls to the floor of the bat cave as guano. Pee, however ... well, they have that covered too. They just “hold it” until they are flying.

So there you go. Bats sleep hanging upside down because they are mammals and can’t take off into the air like birds can (at least not without difficulty). But, if they're hanging, all they do is let go.

Makes total sense, right?

Now, having said all that about upside down bats, I must mention the following: Not all of the 1240-plus species of bats do hang upside down. There are exceptions—about six of them, within two different families. One is in South America (Thyropteridae) and the other is in Madagascar (Myzopodidae). The Myzopodidae, which includes just one species, is exceedingly rare.

So it turns out that these bats roost inside the tubes of young, unfurled banana leaves and other similar large leaves. When they attach themselves to the inside of this rolled leaf, they do it head-up. The problem with living inside of rolled-up leaves is that within a few days, these leaves will continue growing, and eventually open up. Whenever that happens, the whole group of bats has to pick up and move to another home. Over and over again. All six of these species of rare bats have a suction cup on each wrist and ankle, and they use these to attach to the smooth surface of the inside of the leaf tube. Evolution: the more you learn, the more amazing it becomes.

This post originally appeared on Quora. Click here to view.

What's the Difference Between Tequila and Mezcal?

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iStock.com/mediaphotos

Aside from tacos, enchiladas, and other tasty tortilla-wrapped treats, tequila and mezcal are among some of Mexico’s best-known offerings in the food and beverage category. These tipples, made from the agave plant, are so embedded in the country’s culture that Mexico City even has a museum dedicated to the two drinks, and Jose Cuervo operates a "tequila train" to none other than the city of Tequila. These beverages can be used to make a variety of cocktails, from the tequila sunrise to the mezcalita, but unless you’re a bartender or a connoisseur of spirits, you might not know the difference between the two. Is mezcal just fancier tequila?

Not exactly. Tequila is a type of mezcal, but the reverse isn’t always true. It’s similar to the distinction between champagne and sparkling wine, in which the name of the beverage depends on whether it was produced in the Champagne region of France or elsewhere. While mezcal can be produced anywhere in Mexico, tequila is made in the Mexican state of Jalisco (though a few exceptions do apply).

Tequila and mezcal also differ in the ingredients from which they are derived. Mezcal can come from any of the dozens of agave plants—a type of desert succulent—that are grown throughout Mexico. Tequila is made specifically from blue agave and, depending on the variety and brand, a bottle will contain between 51 percent and 100 percent of the plant-based nectar. According to The Tierra Group, a wholesaler of agave products, blue agave nectar is especially sweet because it’s 80 percent fructose, per Mexico’s regulations.

Lastly, tequila and mezcal taste different because of the ways in which they are prepared. Mezcal tends to have a savory, smoky, earthy flavor because the agave hearts (or piñas) are left cooking for several days in a fire pit that has been lined with volcanic rock and covered with agave leaves and earth. The piñas destined to end up in tequila, on the other hand, are often cooked in a brick oven, then crushed up to extract the juice.

If you ever feel adventurous at the liquor store and decide to bring home a bottle of mezcal, just keep in mind that there’s a particular way to drink it. “The first mistake many people make is pouring mezcal in a shot glass and pouring it down their throat,” Chris Reyes, a mixologist at New York City’s Temerario bar and restaurant told Liquor.com. Instead, the spirit is best sipped in a clay cup known as a jicarita.

Some words of advice if you do go shopping for mezcal: If you ever see a worm at the bottom of the bottle, that means it’s probably not a very good mezcal, according to Reyes. By contrast, tequila bottles should never have worms in them (despite the common misconception). So if you’re looking to avoid invertebrate-infused concoctions at all costs, tequila is your best bet.

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