What Is The 25th Amendment?
The 25th Amendment to the Constitution was adopted in 1967 and provides a second mechanism for removing a president from office.
The process for removing the president from office is covered in Section 4 of the 25th Amendment.
It differs from impeachment because it deals largely with a president who becomes unable to carry out the duties of the office, as opposed to impeachment which deals with law breaking and treason committed by the president.
Under the 25th Amendment procedure, if the Vice President and a majority of the cabinet inform Congress that the president is “unable to discharge the powers and duties of his office,” the vice president immediately becomes the acting president for the remainder of the term.
Here is the full text of Section 4 of the 25th Amendment via Cornell Law:
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.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days 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. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
Has the 25th Amendment ever been invoked?
Yes, the 25th Amendment was invoked when President Ronald Reagan underwent surgery in 1985 and when President George W. Bush had a colonoscopy in 2002 and 2007.
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