The 25th Amendment to the United States Constitution is a vital law that addresses replacing or removing a president who can no longer fulfill their duties. Ratified in 1967, following the assassination of President John F. Kennedy, this amendment has four key sections that detail various scenarios of presidential inability or succession.
Sections of the 25th Amendment
Section 1: If the president dies, resigns, or is removed from office, the vice president becomes the president.
Dennis Quaid’s #1 Warning for Americans
Section 2: If the vice president’s office becomes vacant, the president can nominate a new vice president, who must be confirmed by a majority vote in the House of Representatives and the Senate.
Section 3: This section allows the president to temporarily transfer power to the vice president by declaring in writing that they cannot perform their duties. The vice president then acts as president until the president declares in writing that they are ready to resume their duties.
Section 4: This part allows the vice president and a majority of the principal officers of the executive departments (like the Cabinet) to declare that the president cannot perform their duties. If they do this, the vice president immediately becomes the acting president. If the president disputes this declaration, Congress must decide the issue. If two-thirds of the House and Senate agree that the president cannot perform their duties, the vice president continues as acting president. Otherwise, the president resumes their duties.
Use of the 25th Amendment
For temporary power transfers, the 25th Amendment has been invoked several times in U.S. history, primarily under Section 3. For instance 1985, President Ronald Reagan briefly transferred power to Vice President George H.W. Bush while undergoing surgery. Similarly, in 2002 and 2007, President George W. Bush used Section 3 to transfer power to Vice President Dick Cheney during medical procedures.
Section 4, however has never been used to remove a president from office permanently. It safeguards for extreme situations where a president cannot fulfill their responsibilities and refuses to step down.
Removing a President Using the 25th Amendment
To remove a sitting president using the 25th Amendment, the vice president and a majority of the Cabinet must first declare in writing that the president cannot perform their duties. This declaration is sent to the Speaker of the House and the President pro tempore of the Senate, and the vice president then becomes the acting president.
MORE NEWS: Musk’s ‘Will Check with the President’ Comment About ‘DOGE Dividend’ Sets the Internet on Fire
If the president contests this declaration, Congress must convene within 48 hours if not already in session and has 21 days to resolve the issue. If two-thirds of the House and Senate vote that the president cannot perform their duties, the vice president continues as acting president. If less than two-thirds agree, the president resumes their duties.
The 25th Amendment ensures the United States always has a functioning leader, providing a straightforward process for handling presidential incapacity. It is designed for severe situations, ensuring the stability and continuity of the government.
Join the Discussion
COMMENTS POLICY: We have no tolerance for messages of violence, racism, vulgarity, obscenity or other such discourteous behavior. Thank you for contributing to a respectful and useful online dialogue.
It’ll never happen for Biden. Two-thirds of the House and Senate would not vote to declare him incompetent because they don’t want Kamala Harris running against Donald Trump. She is even less popular than Biden. Even though many Democrats in the House and Senate are calling for Biden to step aside I don’t believe they have the balls to actually have their vote on record that they were in favor of removing him from office.