ST. LOUIS (KTVI) – What is the 25th Amendment to the Constitution of the United States? It was passed by Congress in 1965 and ratified in 1967. But a lot of people are asking about it after the riots in Washington DC Wednesday.
Democratic lawmakers and at least one major business group are now calling for President Donald Trump’s cabinet to use the amendment to oust him.
National Association of Manufacturers CEO Jay Timmons said in a statement Wednesday that Vice President Mike Pence should consider working to invoke the 25th Amendment “to preserve democracy.”
The 25th Amendment says the vice president and a majority of principal officers of executive departments “or of such other body as Congress” may provide a declaration to Congress that the president “is unable to discharge the powers and duties of his office.” At that point, the vice president would assume the powers of acting president.
The amendment was proposed after the assassination of President John F. Kennedy. It outlines the procedures for replacing the president or vice president in the event of death, removal, resignation or incapacitation.
The amendment was applied during the Watergate scandal in the 1970s. It helped with the process of replacing Spiro Agnew as vice president. It also went into play when Richard Nixon resigned.
Here is how the 25th Amendment works:
Section 1
In case of the removal of the President from office or of his death or resignation, the Vice President shall become 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.
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.