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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsFYI: Contrary to common parlance, the 25th Amendment doesn't provide for the removal of a president
When the 25th Amendment is invoked, the president remains president. But all of the powers and duties of the office are transferred to the vice president who will serve as acting president.
If Pence and the cabinet invoke the 25th Amendment, Trump will still be president of the United States and Pence will remain vice president performing as acting president with the authority to do everything a president ordinarily does.
The only way a president can actually be removed from office is through impeachment by the House and conviction by the Senate.
Not a big deal, but I thought it would be helpful to clarify this.
judesedit
(4,464 posts)MacKasey
(1,014 posts)Last edited Fri Jan 8, 2021, 04:39 PM - Edit history (1)
.....rump would be the first one to be 25th
If not second impeachment
Thanks for clarification about 25th!
The 25th Amendment has been invoked a number of times since its ratification in 1967.
Sections 1 and 2 have been invoked when there was a vacancy in the presidency or the vice presidency.
Section 3 of the Amendment has been used whenever the President is incapacitated. For example, if the President is under general anesthesia, the 25th Amendment has allowed the Vice President to assume the duties of the President for the duration of the procedure or anesthesia.
You are correct that Section 4, which entails a Cabinet and Vice Presidential declaration that the President is unable to discharge his duties, has never been invoked. No one has deserved it more than Trump.
notinkansas
(1,096 posts)is preferable to having nothing done - just waiting for the clock to run out.
rickyhall
(4,889 posts)elleng
(132,193 posts)the Vice President shall immediately assume the powers and duties of the office as Acting President.