Questions tagged [twenty-fifth-amendment]

The 25th amendment to the United States Constitution is known for explicitly codifying presidential succession and removal. Use with the [united-states] tag

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Has the 25 Amendment Inability Clause ever been used to remove POTUS

The 25th Amendment of the US constitution is in the top of my mind. This deals with succession in the event of the resignation, death, or incapacity of POTUS. It also allows for temporary incapacity, ...
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Can a vice-president vote for his successor in the Senate before becoming president under the 25th amendment?

What does the constitution prescribe in a situation where there is a 50-50 Senate, the president passes away or resigns, and the vice-president becomes the president? Section 2 of the 25th amendment ...
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If the VP resigns, can the 25th Amendment still be invoked?

There is current news of several of Trump's cabinet members resigning with Trump only having 13 days left in his presidency. Question: If Mike Pence were to resign his vice presidency, with such a ...
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Invoking the 25th Amendment [closed]

It seems there is a call to invoke the 25th amendment and remove President Trump from office. I want to know why there would be any political advantage to this - why would they not let Trump leave ...
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Can the President prevent Amendment 25 removal from office by firing the Cabinet?

Section 4 of the 25th Amendment to the US Constitution: Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may ...
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Is the 25th amendment a viable remedy against a rogue lame duck president?

Given that Donald Trump has not been willing to concede, and appears willing to actively impair the process of an orderly transition of power, would the 25th amendment be a viable remedy? Could it be ...
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Can the speaker invoke the 25th amendment without the Senate?

With the recent talks that Speaker Pelosi is going to "discuss" the 25th amendment in order to get rid of President Trump, what is the process for this? Does it have to be voted on in ...
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With Trump in isolation, does the Constitution require transfer Commander-in-Chief powers to the Vice President?

The US President, Donald Trump, has announced that he has contracted COVID-19. Apparently, his physical capacity to execute his duties is unchanged at this time, but he went into isolation to not ...
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Are there any major differences between the powers of an acting president and the actual president?

Background Sections 3 and 4 of the 25th amendment talks about the role of Acting President. Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker ...
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If the 25th amendment gets revoked?

What would happen if the 25th gets revoked and say Trump does get impeached or falls ill and can not be president. Would we then vote for president for the years the active president would have had ...
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Why would invoking the 25th amendment cause a constitutional crisis?

The recent opinion piece in the New York Times has two claims that I can't reconcile: Donald Trump is unfit to be president of the United States The constitutional crisis caused by invoking the 25th ...
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Line of Succession : Prior to VP Approval

Suppose the current president were to resign (or die while in office). Per section 1 of the 25th amendment, the Vice President becomes the President immediately. Next, the new President (currently, ...
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What exactly happened during Reagan's invocation of the 25th Amendment?

I was reading the Wikipedia article on the 25th Amendment when I came across this confusing paragraph (I bolded the sections of interest): Fielding and White House Chief of Staff Donald Regan ...
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Application of US Constitution 25th Amendment

Article 4 of the 25th amendment of the US Constitution: Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body ...
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