贴心姐妹网
 · 设为主页 | · 添加收藏 | · 会员注册 | · 会员登录    +
 
首页 | 社会政治 | 职场创业 | 情感关系 | 子女成长 | 多元生活 | 文化艺术 | 社区公益

What the 25th Amendment says about presidents who are 'unable' to serve

来源:The Conversation   更新:2020-10-02 08:41:29   作者:Brian Kalt

This story was published in 2018.

Deputy Attorney General Rod Rosenstein could be out of a job after the New York Times reported that in spring 2017 – months into President Donald Trump’s administration – he talked about recruiting cabinet members to invoke the 25th Amendment to remove Trump from power.

The revelation follows an unsigned Sept. 5 New York Times op-ed reporting that Trump’s Cabinet members had also discussed using the 25th Amendment, but decided against it to avoid causing a “constitutional crisis.”

As a law professor who studies the presidency, I have written extensively on the 25th Amendment.

Despite the interest in this form of presidential removal, evidence suggests it could not be used successfully against Trump.

What is the 25th Amendment?

The U.S. Constitution has always specified that if the president suffers an “inability to discharge” his powers, the vice president takes over. But it supplied no details on how, exactly, this might be done.

The 25th Amendment, added in 1967, defines what happens if a president becomes “unable to discharge the powers and duties of his office.”

The president may declare himself unable to do his job and empower the vice president temporarily. Both Ronald Reagan and George W. Bush used this process before being sedated for surgery.

Alternatively, the vice president and a majority of the Cabinet may deem the president “unable to discharge the powers and duties of his office” and transfer power to the vice president. The president may later declare himself able and try to retake power.

But if the vice president and Cabinet object within four days, and are backed by two-thirds majorities in both the House and Senate, the vice president stays in power.

 

 

 

The 25th Amendment defines what happens if a president is ‘unable’ to discharge his duties.

 

 

Impeachment and the 25th Amendment

The latter provision, which constitutes Section 4 of the 25th Amendment, is the “complex process for removing the president” referred to by the anonymous New York Times op-ed writer.

Section 4 has never been used. But it was seriously considered once.

In 1987, during a changeover in staff, President Reagan’s incoming team was advised to think about using Section 4. Mired in scandal, recovering from surgery and discouraged by Republicans’ disastrous results in the 1986 congressional elections, Reagan had become so disengaged that staffers reportedly signed his name to documents he’d never even read.

Reagan soon bounced back, showing himself quite capable of discharging his powers and duties. His new staff dropped any consideration of Section 4.

My understanding is that “unable” means being incapable of wielding power – not using it destructively. When a president misuses his powers, impeachment is the Constitution’s designated remedy.

By design, successfully using Section 4 requires much more support than impeachment, which needs just majority support in the House and two-thirds in the Senate. Displacing the president using the 25th Amendment, on the other hand, requires the additional support of the vice president, the Cabinet, and more of the House.

President Trump retains enough support to avoid serious impeachment efforts, making Section 4 wholly unfeasible.The Conversation

Brian Kalt, Professor of Law and Harold Norris Faculty Scholar, Michigan State University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

分享到: 更多
相关文章
[社会政治] In the 1620s, Plymouth Plantation had its own #MeToo moment
[社会政治] A century ago, James Weldon Johnson became the first Black person
[社会政治] Lightning bolts, abortion bans and the glorious history of women g
[社会政治] There's a big problem with the Murdoch media no one is talking abo
[社会政治] Courting the chameleon: how the US election reveals Rupert Murdoch
[社会政治] Polish women reject the Catholic Church's hold on their country
[社会政治] Patsy Takemoto Mink blazed the trail for Kamala Harris – not famou
[社会政治] New research reveals the racial, social, and geographic divides of
[社会政治] What Joe Biden's win means for the world: round-up of Conversation
[社会政治] How do geese know how to fly south for the winter?
发表评论
您必须登录后才能发表评论![立即登录] 还没有注册会员?[立即注册]  
 
会员登录
用户名:
密 码:
 
· 关于我们 About Us · 用户条约 Terms and Conditions · 隐私政策 Privacy Policy · 联系方式 Contact Us
版权声明:本网发布的内容版权归Lovingsister Media Inc. 所有,未经书面许可,严禁转载,违者将承担法律责任。
© 2013 Lovingsister Media Inc. All rights reserved. Unauthorized distribution, transmission or republication strictly prohibited.