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We’re already hearing a lot about “invoking the 25th Amendment,” but many of you may not know how it works.
Here’s a step-by-step thread on what “invoking the 25th Amendment” looks like.
1/ https://twitter.com/acosta/status/1347005034228281347
Here’s a step-by-step thread on what “invoking the 25th Amendment” looks like.
1/ https://twitter.com/acosta/status/1347005034228281347
The 25th Amendment has 4 sections.
Before 2017, it was Sec 3 that came up most often. It gives the Prez the ability to designate the VP as Acting President.
This happened a few times when Presidents needed a medical procedure done. Temporary, voluntary - and pretty tame. 2/
Before 2017, it was Sec 3 that came up most often. It gives the Prez the ability to designate the VP as Acting President.
This happened a few times when Presidents needed a medical procedure done. Temporary, voluntary - and pretty tame. 2/
Today, when people talk about “invoking the 25th,” they’re probably talking about Sec 4.
Sec 4 sets up a high-stakes process that ping-pongs among many different groups - the VP, the Cabinet, the Congress, and, of course, the President. 3/
Sec 4 sets up a high-stakes process that ping-pongs among many different groups - the VP, the Cabinet, the Congress, and, of course, the President. 3/
STEP 1:
If the VP and most of the Cabinet say the President is unable to serve, they send a letter to the Speaker and Prez Pro Tem.
The VP has to be on board. At least 8 Cabinet members have to be on board.
Once the letter is sent, the VP becomes Acting Prez... for now. 4/
If the VP and most of the Cabinet say the President is unable to serve, they send a letter to the Speaker and Prez Pro Tem.
The VP has to be on board. At least 8 Cabinet members have to be on board.
Once the letter is sent, the VP becomes Acting Prez... for now. 4/
STEP 2:
The Prez can now respond.
If the Prez sends a letter that they’re fine, and can still serve, the Prez can take power back...
... unless the VP and Cabinet make the next move. 5/
The Prez can now respond.
If the Prez sends a letter that they’re fine, and can still serve, the Prez can take power back...
... unless the VP and Cabinet make the next move. 5/
STEP 3:
Once the Prez sends a letter, the VP & Cabinet are on the clock. They’ve got 4 days to send *another* letter. Then Congress decides.
Here’s the key: the Prez does *not* take power back for those 4 days - if there’s a 2nd letter, the VP continues as Acting Prez. 6/
Once the Prez sends a letter, the VP & Cabinet are on the clock. They’ve got 4 days to send *another* letter. Then Congress decides.
Here’s the key: the Prez does *not* take power back for those 4 days - if there’s a 2nd letter, the VP continues as Acting Prez. 6/
STEP 4 - final step:
The 2nd letter puts the ball in Congress’ court - it has 48 hours to assemble and then 21 days to decide.
If 2/3 of the House and 2/3 of the Senate agree the Prez is unable to serve, the VP remains Acting President. Otherwise, the Prez gets power back. 7/
The 2nd letter puts the ball in Congress’ court - it has 48 hours to assemble and then 21 days to decide.
If 2/3 of the House and 2/3 of the Senate agree the Prez is unable to serve, the VP remains Acting President. Otherwise, the Prez gets power back. 7/
Here’s the thing about where we are today.
Sec 4 sets up a process that runs for 27-ish days max. During that time, if all the steps are taken, the VP is Acting Prez.
Inauguration is 14 days from now... which leads to a pretty big conclusion. 8/
Sec 4 sets up a process that runs for 27-ish days max. During that time, if all the steps are taken, the VP is Acting Prez.
Inauguration is 14 days from now... which leads to a pretty big conclusion. 8/
If Sec 4 were invoked today, and Steps 1, 2, and 3 happened, Congress would have 21 days to act- when there aren’t 21 days left in the term.
They could just not vote, wait for the term to expire, & hold Inauguration on Jan 20.
Basically, Congress could run out the clock. 9/
They could just not vote, wait for the term to expire, & hold Inauguration on Jan 20.
Basically, Congress could run out the clock. 9/
Sec 4 has never been tried.
It’s designed to be hard to do - because it’s a big deal to remove a President from power.
It was designed for extraordinary times - and to prevent extraordinary dangers.
And now you know how it works. 10/10
It’s designed to be hard to do - because it’s a big deal to remove a President from power.
It was designed for extraordinary times - and to prevent extraordinary dangers.
And now you know how it works. 10/10
