What’s the 25th Amendment That Can Remove Trump from Office?
Trump’s supporters stormed the US Capitol on 6 January in an unprecedented bid to overturn his election defeat.
If the president is unable to determine his own decision-making capacity, it is possible – though this is an untested area of law – that the vice president, independently or in consultation with the Cabinet, would determine if he himself assumes the role of acting president.
Removal, Resignation Or Death
But there is no precedent for the type of situation currently facing the United States. Trump refuses to concede his loss in the 2020 presidential election and encouraged a mob who share his belief that the vote was ‘rigged’ to attack Washington, DC On 7 January. Trump ‘’‘’.
The 25th Amendment contains no precise legal language that expressly outlines what the procedural processes should be if the president cannot determine his own fitness for office. Its lack of specificity about such a situation means that a potential constitutional crisis could result if it is invoked to remove an unfit president who is unwilling to give up power.
Line of Succession
Should the president be incapacitated in office, there is legislation that clarifies the line of succession.
Upon assuming the presidency in 1945 after President Franklin Roosevelt’s death, Harry Truman requested Congress to amend the 1886 Succession Act to provide greater clarification of succession protocol. Truman wanted that succession to place the speaker of the House second in line after the vice president. After several years of negotiation, and passed the in 1947.
The legislation specified that the line of succession begins with the vice president and is followed by the speaker of the House of Representatives, the president pro tempore of the Senate, the secretary of the US Department of State, the secretary of the US Department of the Treasury and the remaining secretaries of Cabinet departments in the order of when they were established as executive branch agencies.
Neither the Succession Act nor the 25th Amendment has ever been invoked for longer than a few hours. There are nearly two weeks left in Trump’s term.
(This is an opinion piece and the views expressed above are the author’s own. The Quint neither endorses nor is responsible for the same. This article was originally published on The Conversation. Read the original article here.)
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