ORLANDO, Fla. — The 25th Amendment of the U.S. Constitution has never been used to remove a sitting president, but after Wednesday’s violence at the U.S. Capitol, spurred on by comments and conspiracy theories spread by President Donald Trump, some are calling for his removal using the 25th Amendment.
Channel 9 political reporter Christopher Heath breaks down nine things to know about the amendment and how it works.
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1. Difficult by Design — Most of the amendment deals with cleaning up imprecise parts of the Constitution as it relates to the order of succession. However, the provision to intentionally remove the powers of a president is part of the amendment, but is not simple.
2. Kennedy Assassination – The 25th Amendment was passed by Congress on July 6, 1965, and ratified on Feb. 10, 1967. The amendment was in response to the assassination of President John F. Kennedy. Initial reports from Dallas indicated that Vice President Lyndon B. Johnson was also injured, creating chaos in Washington as lawmakers tried to figure out who was in charge since the Constitution did not specifically say how a vice president would become president, or what would happen if the president was alive but incapacitated and unable to fulfill his duties.
3. Four Parts – Because the amendment was designed to clear up confusion dating back to 1841 and the death of President William Henry Harrison, the amendment was broken into four sections.
4. Line of Succession – Section 1 is fairly straightforward. It reads, “In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.” The last time this happened was in 1974 when President Richard Nixon resigned and Vice President Gerald Ford became president.
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5. New VP – Section 2 sets up who gets to be the new vice president once the former vice president becomes president. It reads, “Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.” The last time this happened was also in 1974 when President Ford selected Nelson Rockefeller to be his vice president.
6. Temporary Powers – Section 3 deals with what happens if the president can’t do the job for a specific period of time. The section reads, “Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.” This section was used most recently in 2007 when President George W. Bush needed a colonoscopy. He temporarily transferred his powers to Vice President Dick Cheney for two hours while he was under anesthesia.
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7. Removal of Powers – Section 4. This is the part that is being considered right now. Part four of the amendment is by far its longest and sets up for the vice president and majority of the Cabinet to vote to make the vice president the acting president. This provision was intended to be used if the president became “unable to discharge the powers and duties of his office.” This section was almost used in 1981 when President Ronald Reagan was shot and needed emergency surgery. However, by the time Vice President George H. W. Bush returned to Washington, President Reagan was already out of surgery.
8. Protest Removal — Should the vice president and a majority of the Cabinet vote to transfer the powers of the president to the vice president, the president can object if he does not believe it is warranted. This would force the vice president and Cabinet to vote again to strip him of his powers. If this happens then the matter heads to Congress.
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9. Votes — Should the matter reach Congress, the Senate and House would each have 21 days to vote. The amendment requires two-thirds of the House and Senate to vote to remove the powers from the president. If either chamber fails to reach two-thirds, or if they don’t act in 21 days, then the powers of the presidency return to the president.