the Ratification in 1967, 25th Amendment It has never attracted as much attention as it has in recent years.“Anonymous” editorial The document, which stated that a secret group of Trump Administration officials were considering invoking the Fourth Amendment to remove President Trump from power, culminated in the events of January 6, 2021, but the only amendment not invoked has been the subject of online searches, editorials, and commentators. (And for those of us who study the 25th Amendment, we appreciate your interest!) The amendment has since been brought to the fore again following President Biden’s astonishing performance in the debate last Thursday, with calls for its consideration from House Speaker Mike Johnson (R-Louisiana) and others. But as with the Trump Administration, this attention ignores the requirements for invoking the Fourth Amendment.
Since the Constitution was written, the guidelines for removing a president for disability have presented numerous constitutional challenges. Heart attack in 1955,continue 1957 Stroke Though temporarily deprived of the ability to speak, the threat of Cold War conflict was ever-present. How to remove a president Those who are unable or unwilling to admit their incompetence. Recognizing this danger, Eisenhower sealed the deal In the event of Eisenhower being incapacitated, he entered into an agreement with Vice President Richard Nixon allowing Nixon to temporarily assume the presidency after such consultations as would be appropriate under the circumstances.
After the assassination of John F. Kennedy in 1963, Congress finally addressed the presidential incompetence and the dangers of his successor. But the process of removing a democratically elected president from office was fraught with danger. Specifically, who was best placed to judge the president’s capacity while at the same time preventing a potential successor from seizing power? give such power to the CabinetIt also gives Congress the power to arbitrate disputes between the President and the Cabinet concerning the President’s ability to perform his duties.
As a result, to invoke Article IV, the Vice President and a majority of the Cabinet must declare the President unable to act. Vice President Kamala Harris and most of Biden’s Cabinet appointees Biden would have to declare that he believes he is mentally unfit to serve, the first and most important hurdle, because any vice president would be inherently reluctant to make such a claim because of the perception that he is a usurper for the Oval Office.
So it will likely fall to cabinet members to voice such concerns. If that scenario seems plausible, ask yourself, which cabinet member in a Biden administration would dare voice a threat that would not only remove Biden from power but also end his chances of reelection and plunge the Democratic Party into disarray just four months before Election Day.
The mayhem of the August convention will be political sideshow the likes of which have not been seen in generations, but it will pale in comparison to what could happen if Biden were to challenge the Cabinet’s decision. In that scenario, Vice President Harris and a majority of the Cabinet would send a letter to Congress expressing their belief that Biden is unable to serve and appoint Harris acting president. Biden could then send a letter to Congress saying he is able to serve and return to the presidency. At that point, Harris and the Cabinet could reverse Biden’s position in a separate letter and return Harris to the acting presidency. If this were to happen, both the House and the Senate would have to decide within 21 days whether Biden is capable of serving as president, and both would need a two-thirds majority vote to remove Biden from power.
While this scenario would make a great episode story for “The West Wing” or “House of Cards,” the possibility of it playing out before the public is disturbing, to say the least. But the extremely high bar for removing a president elected mid-term is exactly what the framers of the 25th Amendment had in mind, creating a mechanism to be applied only in the most extreme circumstances. While the amendment’s guidelines require only the support of a majority of the Cabinet, it is almost impossible to imagine a divided Cabinet attempting such a difficult task without broad support from both inside and outside the executive branch.
Therefore, while there may be renewed calls to invoke Section 4 of the 25th Amendment to the Constitution, the chances of such calls coming from within the Biden administration are virtually zero.
Dr. Jim Ronan is an adjunct professor of political science at Villanova University and author of Living Dangerously: The Uncertainties of Presidential Disability and Succession.
