United States. Six questions on the 25th amendment that could be invoked against Donald Trump
After pro-Trump protesters broke into the Capitol in Washington on Thursday, January 7, ministers under Donald Trump reportedly discussed the possibility of invoking the 25th Amendment to the US Constitution. Such a decision would be unprecedented.
Thirteen days. Thirteen days separate Joe Biden from the Oval Office. This is also the time left for Donald Trump to wear the costume of the 45th President of the United States. But will he go all the way? The question is on everyone's lips the day after the assault on Capitol Hill by pro-Trump supporters on Wednesday, January 6, 2021, when Congress was in the process of certifying the election of Democrat Joe Biden.
According to some American media, ministers of the Republican billionaire have discussed the possibility of invoking the 25th Amendment of the American Constitution to bring down Donald Trump. Is it really applicable? In which circumstances ? Explanations.
What is the 25th Amendment for?
This amendment makes it possible to dismiss the president deemed "unfit" from his functions, temporarily or permanently, when the situation is deemed necessary and in extraordinary circumstances. This incapacity can be linked to dismissal, death or resignation. The vice-president therefore becomes the interim president.
Power can also be transferred temporarily to the vice-president for medical reasons, for example. George W. Bush used it in 2002: he entrusted his power to Dick Cheney the time to undergo a colonoscopy.
The 25th Amendment also provides that a president can be removed from office if the vice president and a majority of the cabinet determine that he or she is "incapable of discharging the powers and duties" of the office. The president can still challenge the ruling, but if the vice president and cabinet persist, then it is up to Congress to order the president's impeachment by a two-thirds vote of both houses.
Who can invoke the 25th Amendment?
The request can come from the vice-president and a majority of his cabinet. It is sent to the presidents of the Senate and the House of Representatives via a written declaration.
The president himself can also request it, if he believes he will be unable to exercise his power over a period of time.
What is the origin of this amendment?
Adopted by Congress on July 6, 1965, this procedure was ratified by the United States on February 10, 1967. An implementation prompted by the assassination four years earlier of John F. Kennedy. His successor, President Lyndon B. Johnson, in his 1965 State of the Union Address, then promised to "propose laws to ensure the necessary continuity of power if the president becomes invalid or dies."
Are there proceedings against Donald Trump?
At the moment, we can't really say that things are on track. Democrat Elizabeth Warren was one of the first to step up, fearing that the real estate mogul's final days in the White House could be marked by a succession of slippages, violation of laws, refusal of act for the common good and negative decisions for the image of the United States.
Members of the US government have also considered removing Donald Trump from power, as this tweet from Democratic Congressman Ted Lieu shows. But no formal proposal has yet been presented to Vice President Mike Pence.
Democrats on the House Judiciary Committee, however, sent him a letter asking him to invoke the 25th Amendment "in the interests of democracy." According to them, the outgoing president "is mentally ill and unable to manage and accept the results of the 2020 election."
Dear @VP @Mike_Pence: If Trump doesn’t resign, please start 25th Amendment proceedings to remove him. As you are well aware, @realDonaldTrump is detached from reality, angry and dangerous. Below is our letter to you from multiple Members of the @HouseJudiciary Committee. https://t.co/vgl2eCEA7q
— Ted Lieu (@tedlieu) January 7, 2021
"This is an amendment was put in place rather for a physical disability," said Anne Deysine, professor at the University of Paris Ouest-Nanterre and specialist in political and legal issues in the United States, contacted by email. And there it would be a question of his psychological incapacity and the danger it poses for the United States and for the institutions. "
NEW:
— Greg Sargent (@ThePlumLineGS) January 7, 2021
All the Democrats on the House Judiciary Committee just wrote a letter to Vice President Pence, urging him to invoke the 25th Amendment to remove Trump: pic.twitter.com/6VrcHI5hMr
On several occasions during his term, detractors of Donald Trump have considered this amendment, especially during his contamination with Covid-19. The intrusion of pro-Trump protesters on Capitol Hill on Wednesday, January 6 is seen as the straw that broke the camel's back and proof of Donald Trump's psychiatric instability.
Is it possible to invoke this amendment thirteen days before the end of the mandate?
The answer is yes. Even if it will not be easy. Faced with the urgency of the situation and the threats posed by supporters of the billionaire, Congress can still make this request. Unless the vice president or some members of the Trump cabinet precede him. This remains unlikely: several members of his cabinet are part of his family and therefore will not act against their interests.
Does the procedure have a chance to be completed on time?
The timing is tight before January 20. Indeed, if Congress calls for the 25th Amendment to be implemented today, Donald Trump can in turn write a letter to Congress arguing that he does not suffer from any disability. He would then resume his functions immediately.
At this point, the vice president and the majority of cabinet members can still give a layer, with a new written statement. In this case, Congress has 21 days to decide the issue, 8 more than the end of its term. The application of the 25th Amendment requires a vote of at least two-thirds of both Houses. "This is a process that would take time anyway and not resolve the problem quickly," comments Anne Deysine, author of the book The United States and Democracy at LHarmattan. In addition, the vice-president is still sufficiently subservient to Donald Trump. Even though he certified the election results, he is unlikely to take this initiative. "
The other solution would be to initiate an "impeachment" procedure, but it is even longer and more complex to put in place.
There is therefore little chance that Donald Trump will be sidelined by the 25th Amendment before the takeover of Joe Biden, the president-elect. If the procedure is initiated, it will have more of a symbolic value than a binding one.
