President Biden’s incoherency and fatigue at last night’s CNN Presidential Debate have left Democratic insiders questioning whether he should seek a second term.
However, his ability to complete his first term is a more urgent issue. This guide explains the constitutional mechanism for replacing the sitting president. President’s three scenarios address the possibilities of death, resignation, or illness.
Through these provisions, Vice Presidents Lyndon Johnson and Gerald Ford each became President of the United States.
The fourth and most discussed section in the 25th Amendment provides a mechanism to remove a president without their consent.
This section last became a national topic following the January 6 riots when some cabinet members reportedly discussed removing former President Trump from office.
According to the relevant section, these steps would take place:
1. The Vice President (currently Kamala Harris) and a majority of cabinet members deliver a written declaration to the president pro tempore of the Senate (Sen. Patty Murray, D-WA) and Speaker of the House (Rep. Mike Johnson, R-LA) stating that the president Presidente to discharge the powers and duties of his office “This action would make Harris the acting president. President President Biden writes a letter asserting his capability to perform his duties; he resumes them unless Harris and the cabinet majority submit another declaration stating the same inability. This must occur within four days of the president’s then go to Congress, which would assemble within 48 hours and vote on the matter within 21 days. If Congress votes to remove Biden, Harris will continue acting president in the next election. In this scenario, Harris could run for President Presidentlection.
Are there any signs this will be invoked?
No. No current reporting suggests anyone in Biden’s inner Biden or the White House is considering such a move.
Elsewhere, voices across the political spectrum have raised the possibility that Biden cannot remain in office. These include figures ranging from Rep. Mike Johnson to comedian Jon Stewart.
The 25th Amendment also addresses succession in the event of death or resignation. In both cases, Vice President Harris would become President of the United States.
