What is the 25th Amendment? GOP wants to remove Biden with Kamala Harris as the linchpin
Republican Lawmakers Call for Invocation of 25th Amendment
With calls of Biden being unfit for office growing, it is worth visiting how the 25th Amendment allows for a president to be removed and what part each affiliated party has to play.
How does the 25th Amendment work?
- Section 1: The vice president becomes president if the presidency is vacant.
- Section 2: Vacancy in the vice presidency is filled through appointment and confirmation by Congress.
- Section 3: The president can temporarily transfer power to the vice president when unable to perform duties.
- Section 4: The vice president and Cabinet can declare the president “unable to discharge the powers and duties of his office.”
If the president contests the assessment, they can resume their duties unless the vice president and Cabinet reaffirm their stance to Congress within four days.
If Congress agrees, they have 21 days to vote on the president’s ability to perform their duties. If two-thirds of both chambers vote the president incapable, the vice president becomes acting president.
Has the amendment ever been used?
Since its ratification in 1967, Sections 1, 2, and 3 have been used. Section 4 has never been invoked, but there was pressure to do so after the Capitol riot in 2021.
What would invoking the 25th Amendment mean for Kamala Harris?
Invoking the 25th Amendment would require significant support from Democrats in Congress. If successful, Harris would assume the duties of the presidency as acting president, but not the presidency itself.
What are the four sections of the 25th Amendment and what scenarios do they address?
Republican lawmakers are calling for the invocation of the 25th Amendment, raising concerns about President Biden’s fitness for office and the need to explore the process and roles of each affiliated party. In order to fully understand the implications and possibilities, it is important to examine how the amendment functions.
The 25th Amendment consists of four sections, each outlining different scenarios and procedures.
Section 1 states that if the presidency becomes vacant, the vice president will assume the role of president. This provision ensures a seamless transition of power in the event of a president’s death, resignation, or removal from office.
Section 2 addresses the vacancy in the vice presidency. In such a case, the president has the authority to nominate a new vice president, who must then be confirmed by both houses of Congress. This ensures that the line of succession remains intact.
Section 3 allows the president to temporarily transfer power to the vice president when unable to perform their duties. This provision is meant to accommodate situations where the president may be undergoing a medical procedure or facing a temporary incapacity.
Section 4 is perhaps the most relevant to the current discussion. It allows the vice president and the Cabinet to declare the president “unable to discharge the powers and duties of his office.” This declaration must be submitted in writing to the Speaker of the House and the President pro tempore of the Senate. If the president contests the assessment, they can resume their duties unless the vice president and Cabinet reaffirm their stance to Congress within four days.
If Congress agrees, they then have 21 days to vote on the president’s ability to perform their duties. A two-thirds majority vote from both the House and the Senate is required to deem the president incapable. If this threshold is met, the vice president assumes the role of acting president.
Since the amendment’s ratification in 1967, Sections 1, 2, and 3 have been utilized. However, Section 4 has never been invoked. Recent events, such as the Capitol riot in 2021, have prompted a debate about whether it should be used under extraordinary circumstances.
If the 25th Amendment were to be invoked and President Biden deemed unfit to fulfill his duties, the responsibility would then fall on Vice President Kamala Harris. However, this would require significant support from Democrats in Congress. In such a scenario, Harris would assume the duties of the presidency as acting president, but not the full title and powers of the presidency itself.
In conclusion, the 25th Amendment provides a constitutional mechanism for addressing situations where a president may be unable to fulfill their responsibilities. Republican lawmakers are now calling for its invocation, raising doubts about President Biden’s fitness for office. However, the decision to invoke the amendment rests with Congress, and the support from Democrats will be crucial in determining its outcome.
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