Well, it’s happening again. This time, Donald Trump has been impeached because of his words which incited the violent insurrection at the capitol. Although the impeachment process has started, other options were initially discussed for getting rid of the President. One of them was the 25th amendment, which Mike Pence could have used to remove Trump from office and take his place.
Hearing about this course of action raises a few questions. How does this amendment work? How do you decide if a President can’t do his job? Why is it an amendment and not part of the actual Constitution? Hopefully, I can answer these questions for you and explain why lawmakers didn’t go with this option.
There is very little written about the role of the Vice President in our Constitution. Here is what Article II, section 1 of our Constitution says about succeeding the President.
In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the Congress may by law provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.
The main issue with this was that there was no way to replace a Vice President if they died in office. This happened frequently enough that for around 20% of US history before 1965, there was no one to step up if the President died. It was also unclear who decided if a President was unable to perform his duties. What if Congress wanted to remove a President, but the Commander in Chief insisted that he was still able to use his power properly? What if a President was unwell but recovered?
The 25th amendment, which was ratified in 1965, codified the traditional practice of presidential succession after death, and it specified that after a President resigned, their successor became President, not Acting President.
Section 1
In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
It also specified a process through which a President could nominate and confirm a new Vice President.
Section 2
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.
Section 3
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.
Now we come to the part of the amendment that is most relevant today.
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.
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.
Although this amendment could be used to remove a president from office, it’s not designed for the current situation. This power of the Vice Presidents is supposed to be used when the President is “unable to discharge the powers and duties of his office.” Although Donald Trump may be seen by some as self-serving and dangerous, he is still technically able to perform his duties.
So now we know how we got to Trump’s second impeachment and why it was the best option. If lawmakers are set on keeping Trump out of the White House forever, they will have to go through the longer process of impeachment. But for those evacuated from their offices ahead of an angry mob, it’s probably worth the wait.
The Lighthouse 