What happens next if the president becomes incompetent? I will explain
What happens next if the president dies or is unable to continue in office? The 25th Amendment establishes rules and lines of succession.
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Several members of Congress are calling on President Donald Trump’s Cabinet and Congress to use a provision of the Constitution that has never been invoked to remove him from office.
Some Democrats, including Rep. Yasamin Ansari (D-Ariz.), Sen. Ed Markey (D-Mass.), and Rep. Sidney Kamlager-Dove (D-Calif.), have called for the 25th Amendment to be invoked to remove President Trump from office following news that he sent a text message to Norwegian Prime Minister Jonas Gahr Stoer with plans to seize power in the United States. The reason for Greenland is that he did not win the Nobel Peace Prize.
President Trump sent the letter on January 18, which said in part: “Given your country’s decision not to award me the Nobel Peace Prize for preventing eight wars plus, I no longer feel obligated to think purely about peace.”
The document has been called the “last straw” by some Trump opponents and an example of the president’s ailing ability.
“The President of the United States is extremely mentally ill and is putting our lives at risk,” Ansari said in a Jan. 19 social media post. “The 25th Amendment exists for a reason, and we need to invoke it immediately.”
“Donald Trump is unfit to lead and is clearly out of control. Invoke the 25th Amendment,” Kamlager Dove said in a post on the same day.
Markey also said in multiple posts on January 19, “Invoke the 25th Amendment.”
Can the 25th Amendment actually be used to remove President Trump? How likely is that to happen? Here’s what you need to know.
What is the 25th Amendment?
The 25th Amendment to the U.S. Constitution establishes rules for succession to the office of president and rules for disability or removal of the president.
The first two sections of the proposed amendment make it clear that if the president leaves office by death, removal from office, or resignation, the vice president will be the next in line to succeed him. It also details the means to fill a vacancy in the vice presidential position. Previously, a new vice president was not appointed until a new president took office. The amendment created a process in which the president must nominate a new vice president, who must then be approved by a majority vote of Congress.
The following sections outline the process for removing a president based on incompetence or disability. Article 3 allows the president to voluntarily transfer presidential powers temporarily to the vice president upon a written declaration that the president is unable to perform the powers and duties of the president. In this case, the vice president will not become president, but will serve as acting president until the president declares in writing that he can take over. An example of where this would be used is when the president is scheduled to undergo a medical procedure.
Article 4 concerns the removal of a president who is unable or unwilling to perform his duties. If the president is incapable of performing the duties and does not voluntarily transfer power, he may be declared incapable of holding office by the vice president and a “majority of the principal officers of the executive branch or any other agency established by law by Congress.”
If the Vice President and the Cabinet issue a written declaration to Congress declaring the President incompetent, the Vice President immediately becomes acting President. In this case, the president is temporarily stripped of his powers, but remains in office. According to a 2018 Congressional Research Service report, in the modern scenario, invoking the 25th Amendment would require a majority of the current or interim heads of the 15 cabinets to agree with the vice president.
The National Constitution Center said the terms “incapable” and “incompetent” were intentionally left broad. Legal scholars have cited “political exigencies” such as impeachment, disability, or kidnapping as scenarios in which Article IV could apply.
Could the 25th Amendment be used against President Trump?
In theory, the 25th Amendment could be invoked by or against a sitting president. But the hurdles for allowing its use are much higher than for other measures, such as impeachment.
Modern interpretations by scholars at institutions like Cornell Law and the Congressional Research Service say that for Article 4 to be effective, a majority, if not all, of the acting Cabinet members would need to sign on with the vice president.
Neither J.D. Vance nor any of the relevant Cabinet members (Secretaries of State, Treasury, Defense, Attorney General, Interior, Agriculture, Commerce, Labor, Health and Human Services, Housing and Urban Development, Transportation, Energy, Education, Veterans Affairs, and Homeland Security) have expressed support for removing Trump or taking punitive action against him.
The fact that a person is judged to be “incompetent” to serve as president is a sticking point when discussing Article 4. For example, Yale Law School said that historical precedent suggests that characteristics such as “incompetent,” “lazy,” and “careless” alone are unlikely to be sufficient grounds for a lawsuit.
Even if Vance and other Cabinet members sign the letter and send it to Congress, the president can regain power by declaring in writing to Congress that there is no such thing as incapacity. In that case, the vice president and the Cabinet or a special agency established by Congress would have to object.
Congress must convene within 48 hours after the 25th Amendment is invoked and has 21 days to make a decision. If the President declares himself fit for office and no objections are raised, he resumes his duties. According to the National Constitution Center, if the president makes such a declaration and it is challenged, two-thirds of both houses of Congress would need to agree before the president can be considered able to serve and submit the declaration again after a vote in Congress.
Has the 25th Amendment ever been used to remove a president from office?
The 25th Amendment was proposed in 1965 and passed in 1967, largely driven by the assassination of President John F. Kennedy. Before its passage, nine presidents were at least temporarily incapacitated by health problems, six died, and questions were raised over interim leadership and the transfer of power, according to Britannica.
The First and Second Amendments were invoked during Richard Nixon’s presidency in 1973 and 1974, when Vice President Spiro Agnew resigned and was replaced by Gerald Ford, who replaced Nixon when he resigned over Watergate. Nelson Rockefeller then filled the vacancy for vice president.
Section 3 was formally invoked twice and informally a third time. President Ronald Reagan signed a letter stating that he was mindful of Article III before undergoing general anesthesia for a colonoscopy on July 12, 1985, and appointed Vice President George H.W. According to the Fordham Law Review, President Reagan initially denied ever formally invoking the Third Amendment, but he followed the steps outlined in the Article and later wrote in his memoirs that he had indeed invoked the Third Amendment.
President George W. Bush transferred interim presidential powers to Vice President Dick Cheney prior to colonoscopies on June 29, 2002 and July 21, 2007. In both cases, Cheney served as acting president for about two hours.
Biden also invoked Title III while undergoing a colonoscopy on November 19, 2021, making Vice President Kamala Harris the first woman in U.S. history to assume the powers and duties of the president for an hour.
Section 4, the involuntary exclusion law that Democratic leaders are likely referring to, has never been invoked.
