Former President Donald Trump recently took to Truth Social, escalating his critiques of President Joe Biden. He urged the Republican Party to initiate the process of invoking the 25th Amendment against Biden, whom he described as the “worst & most incompetent president in the history of the United States.” (Truth Social)
The 25th Amendment was established in 1965 following the tragic events surrounding President Kennedy’s assassination. Congress, under the guidance of Senator Birch Bayh, decided that there needed to be a clear succession plan for their chief executive. The 25th Amendment asserts that should the standing president be incapable of discharging the powers and duties of the office, whether from death or resignation, the vice president will then assume these responsibilities. In the case of President Biden, this would mean Vice President Kamala Harris would take his place.
However, within Trump’s call to action is an apparent misunderstanding of the power dynamics set out in the 25th Amendment. This amendment can only be invoked by the vice president and the cabinet, not Republicans in Congress. If Vice President Harris and Biden’s cabinet were to insist that Biden is unfit for office, Biden’s refusal to leave still wouldn’t necessarily result in his removal. A two-thirds majority in both Houses of Congress would need to override this decision.
Trump’s own unsuccessful attempt to invoke the amendment after the January 6th, 2021 insurrection can be seen as testament to the rarity of these circumstances. But these facts seem lost in Trump’s misunderstanding of both the law and the groundwork of American civic life. Trump’s followers, who seem to revel in his reckless rhetoric, also appear woefully unschooled in this area.
As this disinformation swirls, legal professionals are called to remember their commitment to truth and the upholding of the law.
More details on Trump’s remarks and a deeper look into the implications of the 25th Amendment can be found on the legal news platform, Above the Law.