Associate Professor of Public Affairs and Administration, Rutgers University-Newark

Stephanie Newbold, ne travaille pas, ne conseille pas, ne Possède pas de parts, ne reçoit pas de fonds d’une organization qui pourrait tirer profit de cet article, and n’a déclaré aucune autre affiliation que son organisme de recherche

Rutgers University – Newark Apporte of the Fund and member of the Fondateurs The Conversation US

One day after President Donald Trump caused supporters to attack the U Capitol, Democratic Sen Chuck Schumer urged Vice President Mike Pence to focus on Jan. Appoint amendment and remove Trump from office He said, “This president shouldn’t stay in office one day”

The 25th ratified by the States in 1967 Amendment declares that the Vice-President will take over the presidency after the President’s dismissal, resignation or death

This constitutional provision is commonly referred to as the disability clause and also states that the vice-president will act as the incumbent president when the president is unable to perform the functions of his office

If the president is unable to determine his own decision-making ability, it is possible – although this is an untested area of ​​law – for the vice-president to decide, independently or in consultation with the cabinet, whether he himself will assume the role of incumbent president

In 2002 and 2007, President George W Bush relied on the handicap clause prior to scheduled colonoscopy procedures that required anesthesia and sedation. During that limited time, Vice President Dick Cheney became President-in-Office

However, there is no precedent for the current situation in the US Trump refuses to admit his loss in the 2020 presidential election and encouraged a mob who share his belief that the vote was “rigged” to defeat Washington, D, to attack C. On Jan 7, Trump made a brief statement calling for an “orderly transition” on Jan. January 20 promised but promised to “continue our fight”

The 25 Amendment does not contain precise legal language expressly stating what the procedures should look like if the president cannot determine his suitability for office himself.The lack of specificity in such a situation can lead to a possible constitutional crisis if an incompetent president, who unwilling to give up power, is recalled

Should the president be unable to work in office, there are laws that clarify the order of succession

The inheritance law of 1886 made members of the President’s Cabinet direct successors when the Vice President could not serve

When Harry Truman assumed the presidency in 1945 after the death of President Franklin Roosevelt, he urged Congress to amend the Succession Act of 1886 to better clarify the Succession Protocol. Truman wanted that successor to be the Speaker of the House after the Vice President in second place After several years of negotiations, both congress houses approved this revision and in 1947 passed the Act on the Succession of the President

Legislation states that succession begins with the Vice President and is followed by the Speaker of the House of Representatives, the Provisional President of the Senate, the Secretary of the S. Foreign Ministry, the Secretary of the US. Department of the Treasury and the remaining secretaries of the Cabinet departments in the order in which they were established as executive agencies

Neither the inheritance law nor the 25 Change was ever taken for more than a few hours. Trump’s tenure has nearly two weeks left

This is an updated and condensed version of an article that was originally published on October 4, 2020

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