A day after the US President Donald Trump incited supporters to attack the U.S. Capitol, in which five people died, some Democrats called on Vice President Mike Pence to invoke the 25th Amendment of the US Constitution and remove Trump from office.
- Invoking the 25th Amendment of the US Constitution would require VP Pence and a majority of the Cabinet to vote to remove Trump from office due to his inability to “discharge the powers and duties of his office” — an unprecedented step.
What is the 25th Amendment?
- The 25th Amendment, adopted in 1967, lays out the provisions for a transfer of power from a US president who dies, resigns, is removed from office or for other reasons is unable to fulfill his or her duties.
- Section 3 of the 25th Amendment addresses the transfer of presidential powers to the vice president when the chief executive declares that he or she is unable to fulfill the powers and duties of the office.
- Section 4 addresses a situation in which the vice president and a majority of the cabinet determine that the president is no longer able to discharge their duties. This section has never been invoked.
- The 25th amendment is also called a Disability Clause.
- In 2002 and 2007, President George W. Bush invoked the Disability Clause prior to scheduled colonoscopy procedures that required anesthesia and sedation. During this limited time, Vice President Dick Cheney became acting president of the USA.
