What is the 25th amendment in US Constitution? Here's what transpires if Trump is incapacitated by Covid-19
Ever since President Donald Trump announced on Friday (October 2nd, 2020) that he's tested positive for COVID-19, people have been wondering what happens. Though the White House Chief of Staff Mark Meadows announced that Trump has mild symptoms, questions of what transpires if a presidential candidate, or the president-elect, becomes incapacitated are doing the rounds online.
The answer lies in the 25th amendment to the U.S. Constitution. This amendment, which gives way for a president to be removed under extraordinary circumstances – either temporarily or for good – is being discussed extensively after Trump's diagnosis. Let's understand what the 25th amendment to the U.S. Constitution is.
What is the 25th amendment?
Under the 25th amendment, the vice president becomes acting president when a president is unable to carry out his duties for whatever reason. The amendment also states that a president can be removed if the vice president and majority of the cabinet decides that he or she is "unable to discharge the powers and duties" of the office. If the president contests the vice president and cabinet's decision, Congress can order the president’s removal by a two-thirds vote in both chambers.
What is the purpose of the 25th amendment?
The 25th amendment exists to answer questions about presidential and vice presidential succession that the Constitution doesn't clearly answer. This amendment was approved by Congress in 1965 and ratified by three-quarters of U.S. states by 1967 after the 1963 assassination of President John F. Kennedy. The confusion that followed the shooting of Kennedy raised questions about who would run the country in the president's absence.
Has the 25th amendment been used before?
Yes, the 25th amendment has been used before to give temporary control to vice presidents. George W. Bush, the 43rd president, used it twice when undergoing medical procedures. Ronald Reagan, the 40th president, used it once when undergoing surgery. The 25th amendment has never been used to permanently remove a president.
The amendment's been used twice when the vice presidency became vacant. In 1973, after Spiro Agnew resigned on tax-evasion charges, President Richard Nixon nominated Gerald Ford to become vice president. Then, after Nixon's resignation in 1974 because of the Watergate scandal, Ford became president and nominated Nelson Rockefeller, a former governor of New York, as vice president.
Can the 25th amendment be used now?
If Trump feels he is unable to execute his duties, he could, willingly, use the 25th amendment to make Mike Pence, the current vice president, the next president. Under such circumstances, the handover would last until Trump is fit again. If Trump's health gets worse, and he refuses to use the amendment, Pence and the cabinet could themselves put the issue to vote by Congress.
An important point to note is that a presidential election has never been postponed in the entire history of the U.S.