[NFA] A source familiar with the effort said there have been some preliminary discussions among some Cabinet members about invoking the 25th Amendment to remove U.S. President Donald Trump from office.
Rosanna Phillpot explains how it works.
The images of Donald Trump's supporters storming the U.S. Capitol quickly prompted calls by some lawmakers to remove Trump from office before President-elect Joe Biden is sworn in on January 20th.
The quickest way to do that would be via the 25th Amendment the U.S. Constitution.
So what is it?
In short, the 25th Amendment deals with presidential succession and disability.
Section 4 addresses situations where a president is unable to do the job but does not step down voluntarily.
It was adopted in the wake of President John F.
Kennedy’s assassination in 1963.
Experts say the drafters clearly intended for it to apply when a president is incapacitated by a physical or mental illness.
Some scholars have also argued that it could also apply more broadly to a president who is dangerously unfit for office.
How can it be invoked?
Current Vice President Mike Pence and the majority of Trump’s Cabinet would need to declare that Trump is unable to perform the duties of the presidency and remove him.
Pence would then take over as president.
Trump could subsequently declare that he is capable of resuming the job.
If Pence and the majority of the Cabinet do not contest that determination, Trump would regain power.
But if they do contest it, the issue would then be decided by Congress.
A two-thirds majority of both Chambers would be needed to keep Trump sidelined.
But with a matter of days until Biden is due to be inaugurated as president, the Democrat-controlled House could simply delay voting until Trump’s term ends.
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