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What is the 25th Amendment and could it be used to remove President Trump from office?

Mike Pence would get the powers of the president if that happens

A growing number of lawmakers are calling for Trump's removal from office.

ROANOKE, Va – A growing number of lawmakers are calling on the removal of President Donald Trump following Wednesday’s riots in Washington.

Nancy Pelosi and Chuck Schumer are among some of the top politicians calling on Vice President Mike Pence to invoke the 25th Amendment which would make Pence the acting President of the United States.

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

Section 4 of the 25th Amendment to the U.S. Constitution

University of Virginia Center for Politics Director Larry Sabato said it would be a historic move in United States politics.

“Now the 25th Amendment has been used on occasion when presidents were put under general anesthesia for an operation, for example, but nothing of this sort, this would be completely unprecedented and keep in mind and would have to be done very, very quickly,” explained Sabato.

Republican lawmakers have also called for the president’s removal. Several of the president’s top-ranking officials, including Transportation Secretary Elaine Chao, have resigned following the riots.


About the Author:

Annie Schroeder joined the 10 News team as a reporter in June 2020 and is no stranger to Southwest Virginia.