The 25th Amendment Process

The Amendment includes Four Sections describing the Transfer of U.S. Executive Leadership.

Section 1: states that the Vice President becomes President upon the Death, Resignation, or Removal from Office of the President.

Section 2: specifies the Process to fill a Vacant Vice Presidency.

Section 3: allows the President to Temporarily Transfer his Power to the Vice President by notifying the House Speaker and President Pro-Temp of the Senate. The President then Resumes his Power by Advising those same Officials that he’s back on the Job.

Section 4: It states that when the Vice President and a Majority of the Cabinet “or of such other body as Congress may by law provide” Advise the House Speaker and Senate President Pro-Temp that “the President is unable to discharge the powers and duties of his office, the Vice President shall Immediately assume the Powers and Duties of the Office as Acting President.

The President can Reclaim those Powers by Advising those Officials that he can do the job, but the Vice President and the Cabinet can Block him by sending within Four Days another Letter to the Speaker and Senate Pro-Temp asserting that the President “is unable to discharge the powers and duties of his office.”

With the President and Cabinet at odds, “Congress shall decide the issue, assembling within 48 hours for that purpose if not in session,” the Amendment says. Congress has 21 days to Act. If it Agrees by a Two-Thirds Vote in Both Houses that the President is Incapacitated, the Vice President continues to Serve as Acting President. If the Votes Fail,“the President shall resume the powers and duties of his office.”

Section 4 is stacked in the President’s Favor. After all, Trump Nominated All his Cabinet Members and Selected his Vice President, and his Party has enough Seats to Block a Section 4 Incapacity Vote in each House of Congress, before the Events on the Jan. 6th.

Rep. Jamie Raskin (D-MD, 8th District) has sought to Lower the Hurdles to 25th Amendment Action, introducing Bills to establish a Commission on Presidential Disability that would make the determination rather than the Cabinet. That Legislation has gone nowhere.

With less than Two Weeks before Trump’s Term expires, a determination by the Vice President and the Remaining Cabinet that he is Unable to Carry Out his Duties likely would make Pence the Acting President until President-Elect Joe Biden takes Office on Jan. 20th.










NYC Wins When Everyone Can Vote! Michael H. Drucker