President Biden’s incoherence and fatigue during last night’s CNN presidential debate have Democratic Party insiders questioning whether he should seek a second term. But the more pressing question is whether the president can continue in his first term. This guide explains the constitutional mechanisms for replacing a sitting president, Biden.
What does the Constitution say about presidential succession?
The 25th Amendment to the Constitution lays out the order of presidential succession.
President Joe Biden stands at the podium during the first presidential debate of the 2024 presidential election with former President Donald Trump at CNN studios in Atlanta, Georgia, Thursday, June 27, 2024. (Kevin D. Lyles for The Washington Post via Getty Images)
The first three scenarios deal with the possibility of death, resignation, and illness. These clauses allowed Vice Presidents Lyndon Johnson and Gerald Ford to become President of the United States, respectively. The fourth and most talked about clause of the 25th Amendment provides a mechanism for removing a president from office without his consent.
The last time this became a national debate was when some Cabinet members reportedly discussed removing former President Trump from office in the aftermath of the Jan. 6 riot.
In his first appearance since the debate, Trump says Biden’s “biggest problem” isn’t his age or “declining” but his policies.
How does a presidential transition work?
According to the relevant section, the following steps are taken:
- The vice president (in this case, Kamala Harris) and a majority of the cabinet submit a written declaration that they are “unable to serve” to the president pro tem of the Senate (Sen. Patty Murray, D-Wash.) and the speaker of the House (Rep. Mike Johnson, R-Louisiana), making Harris acting president.
- If President Biden writes a letter stating that he is able to perform his duties, he will resume his duties unless Harris and a majority of his Cabinet submit another declaration alleging similar inability to perform their duties, which must be sent within four days of the president’s declaration.
- The matter would then be brought before Congress, which would meet within 48 hours and vote on the matter within 21 days. If the vote is successful, Biden would be stripped of his job and Harris would serve as acting president until the American people choose the next president in the next election. In that scenario, Harris could potentially run for president in the same election.
President Biden and former President Trump faced off in a crucial re-debate for the 2024 presidential election on Thursday, and the contrast between the two men couldn’t be starker, a body language expert told Fox News. (Justin Sullivan/Getty Images)
In his first appearance since the debate, Trump says Biden’s “biggest problem” isn’t his age or “declining” but his policies.
Are there any signs that it will be invoked?
No. There are no reports that Biden’s aides or anyone in the White House are considering such a move.
Meanwhile, there are voices across the political spectrum saying Biden may not be able to stay in office.
Biden speaks at a post-debate campaign rally in Raleigh, North Carolina, on June 28, 2024. Last night, President Biden and Republican presidential candidate, former US President Donald Trump, faced off in the first debate of the 2024 presidential election. (Alison Joyce/Getty Images)
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They include a wide range of figures, from Johnson to comedian Jon Stewart.
What would happen if President Biden dies or leaves office?
As mentioned above, the 25th Amendment also provides for succession in the event of death or resignation. In either case, Vice President Harris will become the President of the United States.
