25th Amendment Talk Grows To Replace Biden As President Digs complete works

As former President Joe Biden doubles down on his commitment to stay in the race as pundits and lawmakers increasingly call for the 81 year old to drop out of the campaign, more are openly wondering whether the 25th Amendment should be used to oust him.

The 25th Amendment is a constitutional amendment that outlines the procedures for replacing the President of the United States in the event of death, resignation, removal from office, or incapacitation. The notion of invoking the 25th Amendment typically arises in discussions about a president’s fitness to govern due to physical or mental health issues.

In the context of your statement, if there were growing talk about using the 25th Amendment to replace President Biden, it would suggest that some people or groups believe he is unable to fulfill his duties effectively. However, the decision to invoke the 25th Amendment is a complex and serious matter involving multiple steps and assessments, including input from the Vice President and Cabinet members.

President Biden “digging in his heels” could imply that he is resisting pressure or criticism and is determined to continue in his role despite challenges or calls for change. This phrase often suggests a stance of firm resistance or refusal to yield.

It’s important to note that discussions about invoking the 25th Amendment are political and can be highly contentious, reflecting broader debates and disagreements within the political landscape.

Certainly! The 25th Amendment to the United States Constitution was ratified in 1967 in response to the uncertainty and gaps in the Constitution regarding presidential succession and disability. Here are some key aspects of the 25th Amendment:

1. Presidential Disability: Section 3 of the 25th Amendment allows the President to voluntarily declare himself unable to discharge the powers and duties of his office. This declaration must be transmitted in writing to the President pro tempore of the Senate and the Speaker of the House of Representatives. The Vice President then becomes Acting President until the President submits a written declaration that he is able to resume his duties.
2. Vice Presidential Vacancy: Section 2 deals with filling a vacancy in the Vice Presidency. If the Vice Presidency becomes vacant (due to death, resignation, or removal), the President nominates a new Vice President who must be confirmed by a majority vote of both houses of Congress.
3. Removing the President: Section 4 of the 25th Amendment provides a procedure for the Vice President and a majority of the Cabinet (or another body designated by Congress) to declare that the President is unable to discharge the powers and duties of his office. If the President disputes this declaration, Congress decides the issue by a two-thirds vote of both houses. This section is intended to address situations where the President is incapacitated but does not declare it himself.
4. Historical Context: The 25th Amendment was partly a response to the assassination of President John F. Kennedy in 1963, which highlighted the need for clarity on presidential succession and disability. It has been invoked several times for temporary transfers of power during medical procedures or other situations where the President was temporarily unable to perform his duties.
5. Political Implications: Discussions about invoking the 25th Amendment can be politically charged, as they involve assessing the fitness of the President to continue in office. It requires careful consideration of medical evidence, legal implications, and political consequences.

In summary, the 25th Amendment provides mechanisms to address scenarios where the President or Vice President is unable to fulfill their duties, ensuring continuity of government and stability in leadership.

Certainly! Here are some frequently asked questions about the 25th Amendment:

1. What is the 25th Amendment?

• The 25th Amendment to the United States Constitution deals with presidential succession, the Vice Presidency, and procedures for handling presidential disabilities.

2. When was the 25th Amendment ratified?

• The 25th Amendment was ratified on February 10, 1967.

3. What does the 25th Amendment say about presidential disability?

• The 25th Amendment provides procedures for the President to voluntarily declare himself unable to discharge the powers and duties of his office (Section 3). It also allows the Vice President and a majority of the Cabinet (or another body designated by Congress) to declare the President unable to fulfill his duties (Section 4).

4. How does the 25th Amendment address vacancies in the Vice Presidency?

• If the Vice Presidency becomes vacant (due to death, resignation, or removal), the President nominates a new Vice President who must be confirmed by a majority vote of both houses of Congress (Section 2).

5. Has the 25th Amendment been used before?

• Yes, the 25th Amendment has been invoked several times for temporary transfers of power when Presidents have undergone medical procedures or been temporarily incapacitated.

6. Can the President refuse to comply with a Section 4 declaration of disability?

• Yes, if the President disputes a declaration made under Section 4, he can send a written declaration to Congress stating that no inability exists. Congress then has the power to decide the issue by a two-thirds vote of both houses.

7. Can the 25th Amendment be used to remove a President from office?

• While Section 4 of the 25th Amendment allows for the temporary transfer of power in cases of presidential disability, it does not directly address the removal of a President from office. Impeachment and conviction by Congress are separate processes for removing a President from office.

8. Who decides if the 25th Amendment should be invoked?

• For Section 3 (voluntary declaration of disability by the President), the decision rests with the President himself. For Section 4 (declaration of disability by the Vice President and Cabinet), the decision must be agreed upon by the Vice President and a majority of the Cabinet or another body designated by Congress.

9. How does the 25th Amendment ensure continuity of government?

• By providing clear procedures for handling presidential succession and disabilities, the 25th Amendment aims to ensure that there is always someone in authority capable of exercising presidential powers.

10. Can the 25th Amendment be amended?

• Yes, like other parts of the Constitution, the 25th Amendment can be amended through the amendment process outlined in Article V of the Constitution, which requires approval by two-thirds of both houses of Congress and ratification by three-fourths of the states.

These answers should help clarify some common questions about the 25th Amendment and its implications for presidential succession and disability.

The 25th Amendment to the United States Constitution was enacted to address issues related to presidential succession, disability, and vacancies in the Vice Presidency. Here are some reasons why the amendment was proposed and ratified:

1. Clarity in Presidential Succession: Before the 25th Amendment, the Constitution was somewhat vague regarding the procedures for filling vacancies in the presidency (due to death, resignation, or removal) and the Vice Presidency. The amendment clarified that the Vice President becomes President if the office of the President becomes vacant, and it established a process for filling a vacancy in the Vice Presidency.
2. Handling Presidential Disability: The assassination of President John F. Kennedy in 1963 highlighted the need for clearer procedures regarding presidential disability. The 25th Amendment provides mechanisms for the President to temporarily transfer his powers and duties to the Vice President when he is unable to discharge them, such as during medical procedures or other incapacitating situations.
3. Avoiding Ambiguity: The amendment sought to prevent confusion and potential constitutional crises that could arise if a President became incapacitated but did not formally relinquish power. It provides a clear process (Section 4) for the Vice President and Cabinet (or another body designated by Congress) to declare the President unfit to serve, allowing for a smooth transition of authority.
4. Modernizing Presidential Governance: In an era of increasing complexity and global responsibilities, the 25th Amendment ensures that there are established procedures to maintain continuity of government and leadership in the event of unexpected circumstances affecting the President or Vice President.
5. Reflecting Evolving Views on Presidential Health: The 25th Amendment reflects a modern understanding of presidential health and capacity to govern effectively. It acknowledges that even temporary incapacitation can impact the ability of the President to fulfill the duties of the office, necessitating clear guidelines for succession and temporary transfers of power.

Overall, the 25th Amendment was designed to enhance the stability of the presidency by providing explicit procedures for addressing vacancies, disabilities, and temporary transfers of power, thereby ensuring continuity of government and effective presidential leadership.

The purpose of the 25th Amendment to the United States Constitution can be summarized into several key goals:

1. Clarifying Presidential Succession: One of the primary purposes of the 25th Amendment was to provide clear and definitive procedures for filling vacancies in the office of the President and Vice President. Before its enactment, there were ambiguities and gaps in the Constitution regarding the transfer of presidential power in cases of death, resignation, or removal from office.
2. Addressing Presidential Disability: Another important purpose of the 25th Amendment was to establish procedures for handling situations where the President becomes temporarily unable to discharge the powers and duties of the office due to illness, surgery, or other reasons. This aspect of the amendment (Section 3) allows the President to voluntarily transfer power to the Vice President and resume office when able.
3. Ensuring Continuity of Government: By providing clear mechanisms for presidential succession and temporary transfer of power, the 25th Amendment aims to ensure continuity of government and avoid potential constitutional crises that could arise from uncertainties about who is authorized to exercise presidential powers.
4. Modernizing Presidential Governance: The 25th Amendment reflects a recognition of the complexities and demands of modern governance, where clear procedures for handling sudden vacancies or incapacitation of the President are essential for maintaining stability and effective leadership.
5. Protecting Against Abuse of Power: Section 4 of the 25th Amendment, in particular, provides a mechanism for the Vice President and a majority of the Cabinet (or another body designated by Congress) to declare the President unable to discharge the powers and duties of the office. This provision acts as a safeguard against potential abuses of power or situations where the President may be incapacitated but unable or unwilling to voluntarily transfer authority.

Overall, the purpose of the 25th Amendment is to ensure that there are clear, orderly, and constitutionally sound procedures in place for handling presidential succession, disability, and temporary transfers of power, thereby promoting stability, continuity, and effective governance in the United States.

The 25th Amendment states the vice president shall replace a president if they die in office or resign, or if members of the president’s cabinet declare the president unable to fulfill the duties of their office.

The New Yorker’s Jeannie Suk Gersen argued after Biden’s poor debate against Donald Trump it “is really a good time for Democratic leaders to dust off their knowledge” about the amendment, saying Biden should resign from the office “as soon as possible,” a move that would make Vice President Kamala Harris president and allow her to run as incumbent.

Republicans, who had called for the amendment to oust Biden earlier this year, rekindled that effort over the past week: House Speaker Mike Johnson, R-La., told reporters one day after CNN’s debate Biden’s cabinet should consider invoking the amendment, saying he “would be having that discussion” if he were in the cabinet.

Rep. Clay Higgins, R-La., and Rep. Chip Roy, R-Texas, a staunch critic of Biden, filed a resolution one day after the debate urging Harris to invoke the amendment and declare Biden unable to fulfill the role of the presidency, with Higgins arguing Biden “has slipped into a rapid decline.”

“The Daily Show” host Jon Stewart also mentioned the 25th Amendment following the debate last week, saying Biden did not look “great,” and joking: “A lot of people have resting 25th Amendment face.”

At least one Biden cabinet member—who would need to invoke the 25th Amendment—acting Labor Secretary Julie Su, called the idea “absurd” when asked about it by Fox News.

HOW DOES THE 25TH AMENDMENT WORK?

Under the amendment, a majority of the vice president and 15 principal officers of the president’s cabinet can give “their written declaration” finding the president “unable to discharge the powers and duties of” the presidency. That declaration would then be sent to the House speaker and the Senate president, at which point the vice president would “immediately assume” the powers of the presidency, according to Section 4 of the 25th Amendment.

The president could then veto the cabinet’s declaration and resume their position as president. Then the cabinet and vice president would have a four-day window to decide whether or not to effectively override the president’s objection, at which point Congress would have 48 hours to meet, and both the House and Senate need to vote on whether the president is “unable to discharge the powers and duties” of the office. Both votes require a two-thirds majority.

WHAT HAPPENS IF BIDEN DROPS HIS CAMPAIGN BID ON HIS OWN?

If Biden drops out before the Aug. 19 Democratic National Convention, the Democratic Party could hold an open convention, in which the Democratic nominee would be chosen on the floor of the convention. That process has not been used since 1968. Some Democrats have suggested holding debates or polling to determine who could defeat Trump in November, with Rep. Jim Clyburn, D-S.C., suggesting a “mini primary.”

SURPRISING FACT

Republicans floated the 25th Amendment as a means to remove Biden from office in February, after Department of Justice Special Counsel Robert Hur’s scathing report stemming from allegations Biden mishandled White House documents after his time as vice president. While Hur did not recommend felony charges against Biden, he did lay out a picture of Biden’s failing memory.

A group of right-wing pundits and GOP lawmakers—including Sen. Rick Scott of Florida, Sen. Mike Lee of Utah and Sen. Josh Hawley of Missouri, Rep. Marjorie Taylor Greene of Georgia, Rep. Mike Collins of Georgia and Rep. Mary Miller of Illinois—called on Biden’s cabinet to invoke the 25th Amendment at the time, though his cabinet did not take steps to invoke the amendment.

The bottom line regarding the 25th Amendment to the United States Constitution is that it serves crucial functions in ensuring stability and continuity of government:

1. Presidential Succession: It clarifies the process for filling vacancies in the presidency and vice presidency, ensuring there’s always a clear line of succession.
2. Presidential Disability: It provides mechanisms for temporarily transferring power when the President is unable to discharge their duties, thereby preventing potential crises.
3. Modern Governance: It reflects the realities of modern governance by establishing procedures that address the complexities and demands of presidential leadership.
4. Protection Against Abuse: It includes safeguards to prevent potential abuses of power and ensures that decisions about presidential fitness are made through established, constitutional processes.

Ultimately, the 25th Amendment’s purpose is to uphold the integrity of presidential leadership and maintain the stability of the United States government in the face of unforeseen circumstances or temporary incapacitation of the President.

Biden performed poorly at the first presidential debate of the 2024 campaign last week, a 90-minute ordeal largely seen as a failure on Biden’s end to assuage Democrats and swing voters he is not too old for four more years in the White House. In that debate, Biden spoke with a hoarse voice—which he later blamed on a cold—and stumbled on some answers, reigniting months-long concerns about the president’s advanced age and mental acuity.

Several Democrats in Congress have since called for Biden to drop out of the race, as have multiple of Biden’s billionaire backers. Since the debate, Biden has taken to the campaign trail, speaking at rallies and fundraisers, rejecting calls to step down. In ABC’s interview Friday night, Biden argued the debate was simply a “bad episode,” downplaying concerns about his mental fitness and refusing to take a cognitive test.