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Home / Tips and Tricks / What is the 25th Amendment and what does it have to do with Trump?

What is the 25th Amendment and what does it have to do with Trump?



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Andrew Caballero-Reynolds / Getty Images

Hours after the United States Capitol was besieged by a mob of supporters of President Donald Trump on Wednesday, some lawmakers, cabinet members and a US trade group called on their colleagues to start the 25th amendment process because of Trump̵

7;s role in instigating the illegal siege.

Talks of Trump’s impeachment also began to circulate in the early hours of the Capitol breach, as Congressmen were transported to the safety of a secret location under the protection of Capitol police, while Representative Ilhan Omar tweeted that they were referring articles of impeachment. the drafting was. If passed, the move would represent Trump’s second impeachment by Congress during his elected tenure, with just two weeks until President-elect Joe Biden’s inauguration on Jan. 20. It would also be the second time that lawmakers have spoken of invoking the 25th Amendment.

Ahead of the impeachment talks, Trump administration officials said Vice President Mike Pence had approved an order to deploy the Washington DC National Guard. Traditionally, this power has been reserved for the president.

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A gang besieged the Capitol on Wednesday.

Samuel Corum / Stringer / Getty Images

After a statement by Acting Secretary of Defense Christopher Miller saying he had spoken to Vice President Pence, several House Democrats began urging Pence to take action. Pence – if action is taken on the 25th Amendment – would assume the role of Commander in Chief.

So what does the 25th amendment say? Why is it so important, and how likely is it to be implemented? Here’s What You Should Know.

read more: Mob Storms Capitol As Facebook, Twitter Roles Coming Under Fire

What is the 25th Amendment?

In its simplest explanation, the 25th Amendment contains four sections and relates to the president’s ability to hold office as president and what happens in the event that the commander-in-chief is no longer able to do his or her job. The amendment allows the vice president to temporarily become president, allowing for a smooth transfer of power in an emergency.

The amendment also says that the president can appoint a vice president if there is a vacancy.

The portion of the 25th Amendment currently under discussion generally relates to Section 4, whereby the Vice President and a majority of either the Office of the Presidents or the members of Congress, in writing to the Senate President Pro Tempore and House Speaker may declare that the incumbent president cannot perform the duties of the bureau. This immediately makes the vice president the acting president.

However, the current president can reverse this effort of the vice president and Congress by declaring himself fit in official writing. From there, the vice president and those backing the impeachment have four days to disagree, or the incumbent president resumes the presidency. If they disagree, Congress can settle the matter with a vote.

President Donald Trump speaks during a 60-minute interview recorded and published by the White House.

In the closing days of Trump’s presidency, there has been talk of attempts to hold him accountable for Wednesday’s riot.

Screenshot by Stephen Shankland / CNET

Why are lawmakers urging Pence to use the amendment?

As events unfolded on Capitol Hill, lawmakers, Trump’s business supporters and voters began demanding that the president be removed from office. After speaking at a nearby rally, Trump told his assembled supporters that “[w]We will never give up, we will never give in. Trump’s tweets, many of which have now been deleted or blocked, later continued to spur the crowd.

“We’re going down Pennsylvania Avenue … and we’re going to the Capitol,” Trump said at the meeting. Then supporters marched to the Capitol, where they later broke through barricades and entered the building. Hours passed as voters and lawmakers urged Trump to call on the crowd to resign.

Trump eventually released a short, recorded statement telling the rioters to go home and calling them “ special people, ” while continuing to spread false claims of voter fraud, as he has been doing for months.

As night fell, social media cracked down on Trump with Twitter flagging and deleting multiple tweets. In addition, the site hit Trump with a temporary suspension. Facebook and Instagram followed.

“We have reviewed two policy violations against President Trump’s page that will result in a 24-hour feature lock, meaning he will no longer be able to post on the platform during that time,” Facebook tweeted.

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President Donald Trump delivered a speech on Wednesday that many say prompted the crowd to storm the Capitol.

Brendan Smialowski / Getty Images

Otherwise, when was the 25th Amendment on Trump discussed?

This isn’t the first time the 25th Amendment has been mentioned during Trump’s presidency.

On October 1, Trump announced on Twitter that he and First Lady Melania Trump tested positive for COVID-19. Shortly after, he was hospitalized, given oxygen and treated with a potent drug known to have “euphoric” side effects.

Following his diagnosis, House Speaker Nancy Pelosi introduced legislation that would allow Congress to enact the 25th Amendment should Trump become incapacitated.

When he was released from the Walter Reed National Military Medical Center, Trump, while still under the supervision of a doctor and the steroid dexamethasone, abruptly stopped negotiating stimulus checks, only to recover them hours later and offer them a stimulus package. that eventually died. At the time, Congressional Democrats were discussing an appeal to the 25th Amendment but did not put it to the vote.

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When the 25th Amendment goes into effect, Vice President Mike Pence will take over as commander in chief.

Chip Somodevilla / Getty Images

How would the 25th amendment be used?

Section 4 of the 25th Amendment says:

Whenever the vice president and a majority of either the principal officers of the executive divisions or of any other body that Congress may legally determine, they send to the president pro tempore of the senate and the president of the house of representatives their written declaration that the President is incapable of fulfilling the powers and duties of his office, the Vice President immediately assumes the powers and duties of the office of Acting President ”.

The “chief officers of the executive departments” refer to the 16 secretaries within the President’s Office. Pence should add 8 or more in a written statement about the president’s inability to fulfill his duties.

In the event that the 25th Amendment is used, it would mean Pence fulfilling Trump’s exited presidency and also giving Pence the option to nominate a new vice president. Trump could declare to the House Speaker and the Senate pro tempore that he has “no inability” to rule. At that point, it would be up to Congress to decide on the matter within 21 days, which would exceed the January 20 date for President-elect Joe Biden to take office.

Has it ever been used before?

Section 4, the portion referred to throughout the week, has never been used and only came close once during an attempted assassination of President Ronald Reagan in 1981.

Congress passed the 25th Amendment in 1965. It was ratified and certified as an amendment the following year by President Lyndon Johnson.

The first use of the other parts of the 25th Amendment was in 1973 when President Richard Nixon nominated Gerald Ford after Vice President Spiro Agnew stepped down. The amendment was used again when Nixon stepped down and Ford assumed the presidency. Ford also used the amendment when he chose Nelson Rockefeller to serve as vice president.

Most recently, President George W. Bush twice invoked the 25th Amendment to temporarily transfer the powers of the presidency to Vice President Dick Cheney while Bush underwent a colonoscopy under anesthesia – first in 2002 and then in 2007. His father, then Deputy President George HW Bush, received authority of the 25th Amendment from President Ronald Regan in 1985.




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