1. What does the 25th amendment say?
It clarifies that the vice president becomes acting president when a president becomes unable to carry out his duties -- when, say, the president undergoes major surgery. It also provides that a president can be removed if the vice president and a majority of the cabinet determines he or she is “unable to discharge the powers and duties” of the office. If the president contests the finding, and the vice president and cabinet persist, Congress can order the president’s removal by a two-thirds vote in both chambers.
2. Why does this exist?
To address some questions about presidential and vice presidential succession that the Constitution didn’t specifically answer. For instance, when President William Harrison died in office in 1841, there was a debate over whether Vice President John Tyler would become acting president, or president, or officially remain vice president. (Tyler decided on his own to have a judge administer the presidential oath of office.) The 25th amendment was approved by Congress in 1965, and ratified by the requisite three-quarters of U.S. states by 1967, in response to the 1963 assassination of President John F. Kennedy. In the immediate confusion following the shooting of Kennedy, there were tense questions about who would run the country should he survive but only in a semiconscious or otherwise grievously wounded condition.
3. Has the amendment been used before?
Never to permanently remove a sitting president. Presidents have voluntarily invoked it to temporarily hand control to their vice presidents. George W. Bush did it twice in order to undergo medical procedures, and Ronald Reagan once, for colon surgery. The amendment also covers instances in which the vice presidency becomes vacant and has been used twice for that purpose. (Before the amendment took effect, the U.S. occasionally went long periods without any vice president.) In 1973, after Spiro Agnew was forced to resign because of tax-evasion charges, President Richard Nixon nominated Representative Gerald Ford to become vice president. He was approved by the House and Senate. After Nixon resigned the following year, Ford became president and nominated Nelson Rockefeller, a former governor of New York, as vice president. He was confirmed by Congress.
4. Why is it coming up now?
Amid the backlash against Trump for inciting protesters over his election defeat, some are calling for his removal before his term ends on Jan. 20. Vice President Mike Pence “should seriously consider working with the Cabinet to invoke the 25th Amendment to preserve democracy,” said National Association of Manufacturers President Jay Timmons. A few Democratic members of Congress also urged Trump’s removal.
5. How did the amendment come up previously under Trump?
The New York Times and ABC News reported in 2018 that the then-deputy attorney general, Rod Rosenstein, had discussed recruiting cabinet members to invoke the amendment to remove Trump from office. (Rosenstein denied the account and told the Times he saw “no basis” to invoke the amendment.) Weeks earlier, the Times had published an op-ed by a person identified only as “a senior official in the Trump administration” who wrote, “Given the instability many witnessed, there were early whispers within the cabinet of invoking the 25th amendment, which would start a complex process for removing the president. But no one wanted to precipitate a constitutional crisis. So we will do what we can to steer the administration in the right direction until -- one way or another -- it’s over.”
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