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Donald Trump is said to be fine while being treated in the hospital for coronavirus, but what if his condition worsens and he becomes seriously ill?
The 25th Amendment to the US Constitution can be invoked whenever a president, for whatever reason, is unable to fulfill his obligations, including incapacity.
Under the amendment, power could be transferred to Vice President Mike Pence temporarily or more permanently.
Trump Hasn’t Invoked It And The White House Says He Will working from an office at Walter Reed Hospital in Maryland.
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Mike Pence would take over if Trump can’t do his job
How does the 25th amendment work?
A president who knows he cannot or will not be able to perform the functions of the office notifies Congress and the vice president becomes interim president.
That arrangement continues until the president sends another notice stating that he can get back to doing the job. That is detailed in section three of the amendment.
The next section of the amendment, section four, has never been invoked. This establishes what happens if the president cannot fulfill his functions but does not transfer power.
In that case, the vice president and the majority of the cabinet can declare the president unfit.
They would then send a letter to the speaker of the House of Representatives and to the president pro tempore, the second-highest official in the Senate, stating it. The vice president then becomes interim president.
If the president is finally ready to resume his duties, the president can send a letter saying this. But if the vice president and a majority of the cabinet don’t agree, they can send a letter to Congress in four days. Then Congress would have to vote.
The president resumes his functions unless both houses of Congress agree by a two-thirds majority to say he is not ready.
What happens if the president and vice president are incapacitated?
First in line to serve as Acting Speaker is the Speaker of the House, now Nancy Pelosi, followed by the Speaker pro tempore of the Senate, who is now Chuck Grassley of Iowa, followed by members of the Cabinet.
But Pelosi or Grassley could be reluctant to accept the position, because they would be required to resign from Congress to take office and would only be able to serve until Congress finally decides who will be the president.
Lyndon Johnson introduced the 25th Amendment
Why was the amendment introduced in the first place?
It was introduced after the assassination of President John F Kennedy in 1963.
His successor Lyndon Johnson promised in 1965 to propose laws that would ensure there would be a continuation of leadership in the event a president was disabled or died.
He addressed the Kennedy situation by saying that every time a president dies or resigns, the vice president becomes president.
Congress passed the amendment that same year and it was ratified in 1967.
George W Bush temporarily transferred power to Vice President Dick Cheney in 2002 and 2007
Has it been invoked before?
Yes. Presidents have temporarily relinquished power, but not all invoked the 25th Amendment.
Previous transfers of power have generally been brief and occurred while the president was undergoing a medical procedure.
In 2002, President George W. Bush became the first to use section three to temporarily transfer power to Vice President Dick Cheney, while Bush was administered general anesthesia when he underwent a colonoscopy.
President Bush also temporarily transferred power again in 2007 to undergo another colonoscopy.
In 1985, President Reagan temporarily transferred power to Vice President George HW Bush while he underwent surgery to remove a polyp from his colon.
But he said he was not formally invoking the 25th Amendment at the time.
Furthermore, the amendment was not invoked after President Reagan was shot in 1981.
Senior White House officials discussed the measure, but Vice President Bush was traveling at the time. When he returned to Washington, the president’s condition had stabilized, and doctors anticipated a full recovery.
