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How the 25th Amendment to the U.S. Constitution could be invoked

There’s been a lot of talk about the 25th Amendment and its possible role in attempting to remove Trump from office. But how does that work?

The 25th, ratified in 1967, has been used in the past when the president is incapacitated for health reasons. It states that if the Vice President and a majority of the Executive Cabinet or a review body appointed by Congress declares in writing that the president is unfit for office, making the VP the acting president.

The law also allows the sitting president the chance to argue that he or she is fit.

The law states that “Congress shall decide the issue” in the case of disagreement. The VP assumes the power of the presidency if two-thirds of both the House and Senate vote in favor of that outcome.

You can learn more about the 25th at the Constitution Center’s interactive website.

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4 comments

Charles U Farley January 7, 2021 at 4:08 pm

Can we just remove Congress instead? And 4 people from SCOTUS?

Reply
david January 7, 2021 at 4:57 pm

AMEN!!!!!!!!!!!!!!!!!!

Reply
david January 7, 2021 at 4:57 pm

OUR President is CLEARLY capable of leading our nation for 4, 8, 12, 16, etc. MORE YEARS!!!!!!!!!!!!!!!!!!!!!!!!

Reply
Johnnielynne January 8, 2021 at 6:35 pm

If YOU want a dictator, MOVE OUT OF THIS COUNTRY! You’re delusional if you agree with ANYTHING that happened at the Capitol! Treasonous is what it is!

Reply

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