How could the US President be removed using the 25th Amendment in the Constitution?

Lately, a lot of hay has been made considering the mental disposition of Donald J Trump, our current president. Just listen to a speech of his where he wanders off topic, often delivering a series of rambling diatribes leading an audience - for instance, the Justice Department, recently - to question what purpose the event was attempting to fulfill.

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.

 Often the mention of the 25th Amendment is brought up in discussions. It is what is left to invoke when impeachment won't prove useful in removing a tyrant whose party controls all three branches of our constitutional government, as is the case with this one.

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):

  1. 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.
  2. 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.
  3. 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.
  4. 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.

Comments

Popular posts from this blog

The Biden Administration Counters China with a New Alliance Between Japan and South Korea

The Biden Administration Boosts Gun Violence Prevention and Gun Safety

What the 2024 Debate Would Tell Us about the upcoming Presidential Election