Explained: What is the 25th Amendment that can be invoked if President Donald Trump falls seriously ill?


By: Desk Explained | New Delhi |

Updated: October 4, 2020 8:08:07 am


Donald Trump, Donald Trump positive for covid, Donald Trump positive for coronavirus, US Presidential Election, US President Post Election, Indian ExpressUS President Donald Trump walks with First Lady Melania Trump at Cleveland Hopkins International Airport in Cleveland, Ohio, US, September 29, 2020 (REUTERS / Carlos Barria / File Photo)

A few weeks before the US presidential election, President Donald Trump dropped a bomb on Friday morning when he announced that he and first lady Melania Trump had tested positive for Covid-19. In a statement released moments later, Trump’s personal physician clarified that she is currently in quarantine and is expected to “continue to perform her duties without interruption while she recovers.”

“Tonight I received confirmation that both President Trump and First Lady Melania Trump tested positive for the SARS-CoV-2 virus. The president and the first lady are doing well at the moment, and they plan to stay at home inside the White House during their convalescence, “said US President Sean Patrick Conley’s doctor.

Trump is 74 years old and overweight, putting him in a potentially higher risk category for complications associated with the deadly infection. Even if he remains asymptomatic, Trump will have to isolate himself in the White House and temporarily withdraw from the election campaign.

But what happens if Donald Trump becomes seriously ill?

The 25th Amendment to the United States Constitution establishes a clear succession plan if a president dies suddenly, resigns, or becomes incapacitated while still in office. The amendment was ratified by Congress in 1963 after the assassination of former President John F. Kennedy.

Under Section 3 of the 25th Amendment, if Trump’s condition deteriorates to a point where he cannot fulfill his responsibilities as President, his Vice President Mike Pence may take office temporarily. Once Trump recovers, he will be able to reclaim his position.

To hand over power to the vice president while he recovers, Trump will have to send a written statement stating that he “cannot fulfill the powers and duties of his office” to the president pro tempore of the Senate, Iowa Republican Chuck Grassley. , as well as Nancy Pelosi, current Speaker of the House of Representatives.

Under section 4 of the 25th amendment, the vice president and a majority of the cabinet or any other statutory body can also declare the president “incapable of fulfilling the powers and duties of his office” by sending a written statement to Grassley and Pelosi.

In such a situation, Pence will immediately assume the powers of the president until Trump responds in writing that he is, in fact, not disabled. The vice president and the cabinet or review body have four days to respond.

Explained: What are the implications of Trump testing positive for Covid-19, for the presidency and for the electoral race?

Have American Presidents invoked the 25th Amendment in the past?

The 25th Amendment has been invoked only three times in American history by two different presidents, but for the same reason: a colonoscopy.

In 1985, former Vice President George Bush briefly assumed presidential responsibilities while then-President Ronald Reagan underwent the invasive procedure.

More recently, President George W. Bush invoked the amendment twice during colonoscopies in 2002 and 2007, temporarily handing over power to then-Vice President Dick Cheney.

But what if the president and vice president cannot serve?

In a highly unlikely scenario in which both the president and vice president would contract the disease and die, the constitution also establishes a clear line of succession. Under the Presidential Succession Act of 1947, if both Trump and Pence are suddenly incapacitated, the Speaker of the United States House of Representatives and Democrat of California, Nancy Peolosi, will take over as commander-in-chief of the United States.

However, earlier this year, the White House said this was not at all a cause for concern. “That’s not even something we’re talking about,” said White House press secretary Kayleigh McEnany. “We keep the president healthy. We keep the vice president healthy and, you know, they’re healthy right now and will continue to be. “

Experts warn that there is a high possibility of a bitter succession dispute between Democrats and Republicans should a situation like this arise.

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What happens if a presidential candidate falls ill or dies before an election?

Shortly after testing positive for Covid-19, Trump canceled all fundraisers and campaign rallies scheduled for the next few weeks. He will have to withdraw from all face-to-face events and remain isolated until his condition improves, creating a scenario that is far from ideal with only one month left until Election Day on November 3.

However, what if his condition worsened before the election? If Donald Trump or any other candidate were to pass away before the election, then it would be up to his political party to choose his successor.

While it is highly likely that the party will choose the vice presidential candidate as the new presidential candidate, the procedure is not set in stone and the party also has the option to choose someone else entirely.

Read | From disinfectant to denial: Trump’s top claims about the coronavirus pandemic

How many presidents have died while still in office?

So far, a total of eight presidents have died while still occupying the Oval Office of the White House. Of these, William Henry Harrison, Zachary Taylor, Warren G. Harding, and Franklin D. Roosevelt died of natural causes, while Abraham Lincoln, James A. Garfield, William McKinley, and John F. Kennedy were assassinated while still in office.

In each of these instances, the Vice President has assumed the presidency.

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