Impeachment & The 25th Amendment

There's a lot of talk about the 25th amendment lately. But what's in it and what does it mean? The 25th amendment was written to secure the office of the presidency, so that we would always have a president. There are 4 sections to it.

The 1st stating that if the president is removed from office because of his death or resignation, the VP becomes president.

The 2nd section states that if there is a vacancy in the office of the VP, the president has the right to nominate a new VP, who must then be confirmed by a majority in the House and the Senate.

The 3rd gives the president the ability to transfer the powers of the presidency to the VP if he is unable to fulfill his duties. He can regain these powers through a written declaration.

The 4th section is where it gets sticky and confusing for many. It states that if the president is found to be physically or mentally incapacitated, and he is unable to fulfill the duties of his position, then the VP and either a majority of the Cabinet, or a majority of Congress, can remove the president from office. The VP then becomes acting president. But the president can dispute this, and it would require 2/3 majority in both the House and the Senate it keep the VP in power.

Impeachment is process where a legislative body, such as the House, brings charges against an official for misconduct, like treason or bribery. It's purpose is to remove elected officials who have abused public trust. In its process, the House must charge the official with a majority vote. The Senate holds a trial, with 2/3 majority needed for conviction and removal. If convicted, the official is removed from office, may be disqualified from holding future offices, but will not serve any prison time, however may be subject to criminal proceedings.

President Trump, the only US president to be impeached twice, was impeached by the House during his 1st term. Once in 2019 for abuse of power and obstruction of Congress over Ukraine, and again in 2021 for inciting the insurrection of the attack on the Capitol. Both times the Senate, holding a Republican majority, acquitted him.

Today the Republican party holds a slim majority in the House, and a controlling Senate with 53 seats, to the Democrats 45, with 2 Independents.

The 25th amendment has been used from routine hospital procedures, to the resignation of Richard Nixon, where Gerald Ford was sworn into office. There have been 22 federal impeachments, involving 21 officials. Andrew Jackson, Bill Clinton and Donald Trump all faced impeachment proceedings. Jackson was not formally impeached, and he remained in office. Clinton and Trump were both acquitted by the Senate. Nixon resigned before he was impeached.

Stay safe and stay informed.