What’s the 25th Amendment – And Should Congress Invoke It on Trump?

What’s the story?

• The New York Times reported on Friday that (maybe former) Deputy Attorney General Rod Rosenstein suggested White House staff invoke the 25th Amendment to remove Trump from office after the president fired James Comey. 
• There’s currently a bill in Congress calling for the creation of an 11 member commission to examine the president’s physical and mental capacity to carry out the duties of the office.

What’s the 25th Amendment?

• If Trump was diagnosed as mentally unfit to be president, it could be grounds to enact the 25th Amendment, which states that if 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."
• Applying the 25th Amendment to Trump’s mental health would be unprecedented. Normally, the 25th Amendment is enacted when a president is incapacitated due to an injury or undergoing surgery, and the vice president temporarily becomes the acting president.

The Oversight Commission on Presidential Capacity Act

• President Trump’s late night tweets, war of words with the media, and unpredictable behavior have caused some medical professionals and lawmakers to question whether he has the fitness to serve as commander-in-chief. Congressman Jamie Raskin (D-MD) introduced legislation to examine the president’s physical and mental fitness.
• According to Raskin’s proposed bill, bipartisan congressional leaders would select four physicians, four psychiatrists, and three political figures (such as former presidents, vice presidents, and Cabinet officials) who would be responsible for examining the president and making a determination about his or her capacity.
• If it is found that the president cannot carry out their duties, the vice president would be able to sign off on the commission’s findings and invoke the 25th Amendment to step into the president’s role.

What do you think?

Should legislators consider invoking the 25th Amendment on Trump? How do you want your reps voting on The Oversight Commission on Presidential Capacity Act? Hit Take Action and let them know, then share your thoughts below.

—Josh Herman

(Photo credit: Gage Skidmore / Creative Commons)