The 25th Amendment:, Explained.
In the aftermath of Wednesday's chaos at the Capitol, many have called for the 25th Amendment to be invoked.
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Here’s a brief history of the amendment and how it would all work.
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What is the 25th Amendment?
, The 25th Amendment was added to the Constitution in 1967 following the assassination of John F.
Kennedy.
It was primarily designed to clarify the order of succession for the presidency.
Its first three sections address what to do if a president resigns, dies/becomes ill or is temporarily incapacitated.
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The fourth section lays out a multistep process for the president to be removed from office by their peers.
How would it work if it was invoked now?, Vice President Mike Pence and a majority of the cabinet would first provide a written declaration that Donald Trump is “unable” to perform his duties.
This declaration would be given to the president pro tempore of the Senate, Sen.
Chuck Grassley, and the speaker of the House, Rep.
Nancy Pelosi.
This would immediately make Pence the acting president.
However, Trump could send his own counter-declaration, allowing him to resume his duties.
Pence and the cabinet would then have four days to send another declaration restating their concerns, after which Pence would once again become the acting president.
From there, Congress would have to assemble within 48 hours and vote within 21 days.
If two-thirds of both the House and Senate vote that he is unable to perform, Trump would be permanently stripped of the presidency with Pence taking over.
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What are the odds of this happening?, It is rare that the 25th Amendment would be successful.
In fact, it’s easier to impeach a president than it is to strip their power via the amendment.
An impeachment requires a majority of the House and two-thirds of the Senate.
The 25th Amendment requires two-thirds in both chambers