How is the 25th amendment invoked? This is what happens if a president is “nutty as a fruit cake”

Since Founding Father George Washington was sworn in as the first president of the United States, a total of 45 men have served in 47 presidencies.

During that time we have seen that a lot can go wrong during a president’s time in office. Eight presidents died during their tenure - half of them, assassinated. One was forced to resign. Mortified by the Watergate scandal, Richard Nixon was given the option of stepping down or be impeached and convicted - he chose the former.

US presidents who have been impeached

Three US presidents have been impeached. Andrew Johnson became the first in February 1868 for disrespecting Congress and acting without Senate approval. Bill Clinton suffered a similar fate for very different reasons - sexual misconduct and lying under oath. Current US president Donald Trump faced two impeachment charges - in 2019 for exorting a foreign leader to interfere in a US election, and again a couple of years later for for “incitement of insurrection” at the US Capitol in Washington, D.C. while the results of the 2020 presidential election were being certified.

Federal impeachment is a three-step process. The first is the inquiry. After that the House of Representatives must pass the impeachment article by a simple majority. Thirdly, the Senate must find the defendant guilty by a two-thirds supermajority to have the president removed from office.

All four previous impeachment cases ended with the defendants being acquitted as in each case the two-third majority wasn’t reached.

So what happens if a president is deemed mentally unfit to run the country?

The Democrats have called for Trump to be removed from office under the 25th Amendment for, among other things, his threat to deploy federal law enforcement officers in several US cities including Memphis, Washington DC, Los Angeles, Chicago and Portland.

“It is time to call for Article 25 of the Constitution of the United States of America to determine his unfitness, to determine that something’s wrong with this president,” California Democrat Maxine Waters told MSNBC.

Can Trump be ousted by invoking the 25th Amendment? Let’s take a look at what the 25th says:

Constitution of the United States: 25th Amendment

Section 1

“In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2

Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Section 3

Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office".

Could the 25th Amendment be invoked against Trump?

So what are the chances that Trump could be removed under the 25th Amendment? Very slim is the answer to that. Simply because it is highly unlikely that a two thirds majority vote for his conviction would be passed by the Senate. On both of the two previous attempts he was acquitted - by six votes in 2019 and 10 in 2021.

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