Following a violent riot on the U.S. Capitol involving supporters of President Donald Trump, some politicians have referred to as for the impeachment of the outgoing president. Others have referred to as for Vice President Mike Pence to make use of the 25th Amendment to take away Trump from energy.
A vice chairman has by no means carried out that earlier than, so what’s Pence’s authority right here?
Can the Vice President invoke the 25th Amendment to take away the president from energy?
Sure, however he wants approval from half the president’s cupboard to take action. Then, within the scenario the place the president challenges the elimination, he wants each chambers of Congress to approve it.
WHAT WE FOUND
The textual content of the twenty fifth Modification makes it clear that there are two methods to invoke the 25th Amendment: by the president’s request or by motion of the vice chairman and the Cabinet.
It says, “Each time the Vice President and a majority of both the principal officers of the chief departments or of such different physique as Congress might by regulation present, transmit to the President professional tempore of the Senate and the Speaker of the Home of Representatives their written declaration that the President is unable to discharge the powers and duties of his workplace, the Vice President shall instantly assume the powers and duties of the workplace as Appearing President.”
Basically, meaning the vice chairman and over half of the president’s cupboard should conform to take away the president from energy and promote the vice chairman to performing president. Then, they need to submit discover to Congress after which the vice chairman takes over.
However the course of doesn’t finish there.
The president can problem his elimination, after which Congress will get a number of weeks to vote upon it. Two-thirds of each chambers should approve of the president’s elimination for the vice chairman to stay performing president.
In line with the Congressional Analysis Service, there have been solely three cases by which the 25th Amendment has been invoked, and every time was by the president’s request.
President George W. Bush briefly gave up the reigns of the presidency in each 2002 and 2007 for routine colonoscopies that equally required anesthetics. Bush returned to the presidency after two hours in each cases. Each instances Bush particularly invoked the 25th Amendment.
By no means has a vice chairman pressured a president out of workplace via use of the 25th Amendment.