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(Reuters) – Like two US presidents before him, Donald Trump could temporarily cede power to his vice president should he become incapacitated, for example while undergoing a medical procedure as treatment for the coronavirus.
Trump said on Friday that he had tested positive for COVID-19 and was in quarantine to begin the recovery process immediately.
Under Section 3 of the 25th Amendment to the United States Constitution, adopted in 1967 after the assassination of President John Kennedy in 1963, Trump could declare in writing his inability to fulfill his duties.
Vice President Mike Pence would become interim president, although Trump would remain in office. The president would regain his powers by declaring in writing that he is ready to discharge them again.
Section 4 of Amendment 25 also offers a way to strip a president of power if, for example, his cabinet believes that he has become incapacitated, but this has never been invoked.
SECTION 3 PRECEDING
– On July 13, 1985, President Ronald Reagan chose to have a precancerous lesion removed after it was discovered during a colonoscopy. He signed a letter that, while not specifically invoking Section 3, said he was aware of its provisions. Vice President George HW Bush was interim president for nearly eight hours, from 11:28 am to 7:22 pm, when Reagan issued a letter declaring himself capable of resuming office.
– On June 29, 2002, President George W. Bush invoked Section 3, temporarily transferring his powers to Vice President Dick Cheney before undergoing a colonoscopy. Cheney served as Acting President from 7:09 a.m. to 9:24 a.m.
– On July 21, 2007, Bush re-invoked Section 3 before another colonoscopy. Cheney served as interim president from 7:16 a.m. to 9:21 a.m.
SECTION 4
Under Section 4, the vice president and a majority of cabinet officials or “any other body that Congress may establish by law” may inform the leaders of the two houses of Congress that the president “cannot comply with the powers and duties of his position “. ”.
In such case, the vice president assumes the position of interim president. The president resumes his post after informing the same two congressional leaders “that there is no incapacity” unless cabinet or other officials declare otherwise. Then Congress must meet within 48 hours to decide the issue.
If two-thirds of the members of the House of Representatives and the Senate vote in their respective houses that the president cannot perform the functions of the office, the vice president will remain interim president until the next scheduled presidential election decides the next presidential election. Household. Otherwise, the president resumes his office.
(Howard Goller Editing)
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