How could the US President be removed using the 25th Amendment in the Constitution?
Many people have pointed to events like this, outright mental slips, and other policy declarations, such as the annexation of Greenland, Canada, and the Panama Canal into statehood to sound the alarm concerning the President's state of mind.
The 25th
Amendment to the U.S. Constitution outlines the procedures for replacing
the president in cases of death, resignation, removal, or disability. The key
section for removing a sitting president due to incapacity is Section 4.
Here's how it works:
“Whenever
the Vice President and a majority of either the principal officers of the
executive departments or of such other body as Congress may by law provide,
transmit to the President pro tempore of the Senate and the Speaker of the
House of Representatives their written declaration 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.”
Step-by-Step
Process for Removal Under the 25th Amendment (Section 4):
- Initiation by Vice President
and Cabinet:
- The Vice President and
a majority of the principal officers of the executive
departments (the Cabinet) must submit a written declaration to
the President pro tempore of the Senate and the Speaker of the
House stating that the President is "unable to discharge the
powers and duties of his office."
- Once this declaration is
sent, the Vice President immediately assumes the role of Acting
President.
- President's Response:
- If the President believes he
is still capable of serving, he can send a written declaration to
Congress stating that he is fit to resume office.
- If the President does this,
he regains power unless the Vice President and Cabinet challenge him
within four days.
- Congressional Decision:
- If the Vice President and
Cabinet reaffirm their claim that the President is unfit within four
days, Congress must assemble within 48 hours (if not already
in session) and decide the matter.
- Congress has 21 days
to vote.
- Threshold for Removal:
- If two-thirds of both the
House and Senate vote to uphold the Vice President and Cabinet's
decision, the President is removed from power, and the Vice
President remains Acting President.
- If the two-thirds
threshold is not met, the President resumes his duties.
Has the
25th Amendment Ever Been Used to Remove a President?
No
president has ever been permanently removed using the 25th Amendment, though it
has been invoked temporarily for medical procedures (e.g., when presidents
undergo surgery and transfer power briefly to the Vice President). It was considered
during the presidencies of Ronald Reagan and Donald Trump, but never formally
invoked for removal.
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