If you remember, things were so bad with the outgoing Trump administration from December 2021 through January 2021 (before the attempted coup on January 6, 2021) that rumors about enacting the 25th Amendment were seriously swirling.
Trump, although he knew he had lost the November 2020 election, he continued to perpetrate the "Big Lie" that he won the election and refused to participate in the normal transition activities for the incoming Biden Administration.
Many people were truly worried that he would not leave the White House on January 20, and that his activities to hold onto power put the strength of his mental capacities into question.
Previous presidents who lost their re-election bids were unhappy with the results, of course, but fully participated in the "peaceful transition of power" that has been the hallmark of American history since the founding of the country.
Both the 20th and the 25th Amendments set the rules for presidential succession, but only since 1933.
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What is the 20th Amendment and what does it say about presidential succession?
The 20th Amendment, which was ratified in 1933, is an important part of the United States Constitution that deals with presidential succession and inauguration. Prior to the 20th Amendment being passed, a newly elected president had to wait until March 4th before they could be inaugurated – four months after their election.
In the 18th and 19th centuries, travel was slow and arduous, which is why it took four months after the election for the new administration to be inaugurated. However, this long waiting period caused many problems, including the fact that outgoing presidents could cause trouble in their last four months when sitting on a ticking time bomb of expiring authority.
The 20th Amendment, passed in 1933 after the first inauguration of Franklin D. Roosevelt, requires incoming presidents to take office by noon on January 20th following their election. Travel by train and car was much easier by then.
It further states that if the president-elect is unable to make it through the inauguration date due to other events like death or illness, then the Vice President-elect will stand in as acting president starting on Inauguration Day until either a new President is named or he/she is able to assume office.
If a winning Presidential candidate dies or becomes incapacitated between the counting of electoral votes in the Congress and the inauguration, the Vice President elect will become President, according to Section 3 of the 20th Amendment.
In 1973, disgraced Vice President Spiro Agnew resigned and President Nixon replaced him with Congressman Gerald R. Ford (R-MI).
In 1974, disgraced President Richard Nixon also resigned, and Gerald Ford immediately became president. Ford subsequently nominated and Congress approved Nelson Rockefeller as his vice president.
In 2021, if the 25th Amendment had been implemented before the counting of the Electoral votes (which Trump was trying to prevent), then current Vice-President Mike Pence would have been president, if only for a few weeks.
The vice president is also the president of the Senate; that was the role under which Mike Pence was counting the Electoral votes.
If he had become president before January 6, then the Senate Pro Tempore would have counted the votes.
The Presidential Succession Act of 1947
The United States Presidential Succession Act is a federal statute establishing the presidential line of succession. Article II, Section 1, Clause 6 of the United States Constitution authorizes Congress to enact such a statute:
Congress may by Law provide for the Case of Removal, Death, Resignation, or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
These rather vague edicts were in place until the 25th Amendment was passed.
What is the 25th Amendment and how does it affect presidential succession procedures?
The 25th Amendment to the Constitution, ratified in 1967, provides for a more clear and more efficient path for presidential succession in the case of the death or disability of a president. When this occurs, the vice president steps up as the new president, and vacancies created by the transition must be filled immediately.
Additionally, Section 4 grants the President the power to transfer power completely from himself should he find himself 'unable' to execute his duties. This has happened when the president is hospitalized due to surgery, etc., and is under anesthesia, for example.
This amendment reversed the precedent set by the 20th Amendment which allowed only Congress to determine when a president is vacancies due to inability or death. Thus, the 25th amendment has given quite a bit more power to the executive branch and has established clearer guidelines with regard to presidential succession.
How does invoking the 25th Amendment work?
There are many steps to be completed before a president can be removed by the 25th Amendment, on purpose. Members of the party of the president in question, including the current vice president and the current Cabinet, must do most of these steps, which is one of the reasons why it was not invoked for Trump.
The first step in invoking this amendment is for Congress to introduce a resolution calling for an investigation into whether a President is unable to discharge their duties. This resolution must then pass both houses by a two-thirds majority.
Once approved by Congress, a Judicial Commission is set up to investigate the matter further and determine whether the President can no longer discharge their duties. This commission should be made up of representatives from each party as well as independent individuals with relevant expertise. It must report its findings to both houses within 21 days.
If a majority of members decide that the president is no longer able to carry out his or her duties, then both houses must vote for removal by a two-thirds majority. If successful, then the Vice President will become Acting President until new elections are held.
Are there any current proposals to change the way presidential succession works in America today?
In the wake of President Trump's impeachment trial and subsequent acquittal, some have proposed changes to America's presidential succession laws as outlined in the 20th and 25th Amendments.
Suggestions have been made for an expedited impeachment process, followed by a prompt vote of no-confidence in the Senate, which would then trigger a new election instead of passing directly to the Vice President.
Another idea is for members of Congress or state legislatures to be able to file impeachment motions so that legal proceedings start more quickly against an executive branch that may not always prioritize accountability.
Although these proposals are still largely theoretical at this stage, they demonstrate the need for increased care when it comes to potentially replacing our head of government and setting a strong example for future generations.
These are just ideas, but removing a mentally or physically disabled president should be hard, but it is also sometimes necessary.
Are you in favor of keeping the current presidential succession procedures as they are, or would you like to see them changed?
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