You might be hearing a lot of talk about the 25th Amendment. Here’s what it does
Wednesday’s insurrection on Capitol Hill had lawmakers from Washington state, including Sen. Patty Murray, Rep. Derek Kilmer and Gov. Jay Inslee, along with more than 100 members from the House of Representatives calling for President Trump to be removed from office via the 25th Amendment.
What exactly is the 25th Amendment?
According to constitutioncenter.org, the 25th Amendment’s simplest context is the removal and replacement of the president of the United States due to death or failing health. There are four specific sections that cover how that can be accomplished:
Section 1: If the president dies or resigns, the vice president will become president.
Section 2: If the vice presidency becomes vacant, then the president would nominate a vice president and that person must be confirmed by Congressional majority.
Section 3: If a president decides he or she is temporarily unable to fulfill the office’s duties, the president would have to tell the president pro tempore of the Senate (who is currently Iowa Republican Sen. Chuck Grassley) and the Speaker of the House (Democratic Rep. Nancy Pelosi). The vice president would assume the duties of the president until the president is able to return to office.
Section 4 is what’s being focused on in the aftermath of Wednesday’s events. It reads as follows:
“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.”
Section 4 has never been invoked.
University of Washington law professor Hugh Spitzer said enacting Section 4 of the 25th Amendment in the remaining time of Trump’s presidency is possible.
All it takes is a letter to Congress signed by the vice president and a majority of the cabinet, Spitzer said.
“So about eight or nine signatures. That declaration, stating that the president is unable to discharge his powers, could probably take just 24 hours to put together,” Spitzer said. “Whether or not it’s politically plausible is above my pay grade.”
Since the 25th Amendment was enacted in 1965, Presidents Reagan and George W. Bush signed away temporary power to their VPs for medical reasons.
UW Law professor Lisa Manfield said, given the recent actions of the president, it’s possible that both political parties might be able to come together on this issue, despite ongoing polarization.
“The extreme partisanship that we’ve been experiencing unquestionably makes it harder for the government to function in an effective way,” Manfield said. “At the same time, the concerns about President Trump’s conduct are becoming extremely bipartisan.”
This story was originally published January 7, 2021 at 12:29 PM with the headline "You might be hearing a lot of talk about the 25th Amendment. Here’s what it does."
