Understanding the 25th Amendment: How It Could Kick Trump Out of Office

It is known that there are essentially two ways a US president could be removed from office: through impeachment and conviction by the Senate, and through the section 4. No president has ever been removed by either measure – although three presidents have been impeached: including Trump, twice.

Section 4 of the 25th Amendment

Section 4: Declaration by vice president and cabinet members of president's inability

Section 4. 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.

That leaves section 4 of the 25th amendment, designed to be used when a president is “unable to discharge the powers and duties of his office”.

- Despite the White House claiming earlier this year that Trump’s “mental sharpness is second to none”, the examples of unusual behavior keep stacking up. There was an incident this summer where Trump invented an entire story about his deceased uncle having met the Unabomber. The time in July when he went on a sudden rant about windmills driving whales “loco”, during a meeting with the European Commission president. The occasion when he derailed a cabinet meeting by talking, unprompted, for 13 minutes about the decor of the room.

- Donald Trump’s administration is facing another round of calls to invoke the 25th Amendment to remove the president from office in the wake of his remarks to an unprecedented assembly of the nation’s military leaders. But prominent Democrats claim the president is unfit for office, that his cognitive health is in decline, and that a speech to military leaders this week all but endorsed the idea of active-duty troops fighting civilians in U.S. cities.

- After Trump suggested cities like Chicago should be used as “training grounds for our military,” Illinois Governor J.B. Pritzker said the 25th Amendment should be invoked to oust the president, marking the first time that the governor has publicly called for his removal.

How does it work?

- First, the amendment explicitly makes clear that the vice president becomes president “in case of the removal of the President from office or of his death or resignation.”

- But removing the president would require the vice president and a majority of the 16-member presidential cabinet to jointly agree that “the President is unable to discharge the powers and duties of his office.”

- Another option would require the creation of a disability review panel that would need approval by Congress and signed into law by the president, or, if vetoed, the support of at least two-thirds of the House and Senate.

- Once the vice president and either the cabinet or a disability review panel agree that the president must be removed, the vice president would then immediately be able to “assume the powers and duties of the office as Acting President.”

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