What is 25th Amendment and how can it be used to transfer power from the U.S. President?
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What is 25th Amendment?
Adopted in 1967, the 25th Amendment lays out the provisions for a transfer of power from a US president who dies, resigns, is removed from office or for other reasons is unable to fulfill his or her duties. President Donald Trump is now under the pressure of being asked to leave office under the 25th Amendment.
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Why is the law needed now?
Now, Senate minority leader Chuck Schumer and House Speaker Nancy Pelosi are leading appeals for Vice President Mike Pence to invoke the amendment in the waning days of Trump's term, which ends January 20. Schumer, Pelosi and others in and out of government are speaking out after Wednesday's shocking scenes in which an angry mob egged on by Trump overran security at the US Capitol, rampaging for hours and disrupting a proceeding in which Congress ultimately certified that Joe Biden beat Trump in the November 3 election and will be America's next president.
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Section 3
Section 3 of the 25th Amendment addresses the transfer of presidential powers to the vice president when the chief executive declares that he or she is unable to fulfill the powers and duties of the office. Under Section 3, the president informs the president pro tempore, or presiding officer, of the Senate currently Republican Chuck Grassley and the speaker of the House of Representatives, currently Pelosi in writing that he is unable to discharge the duties of the office and is temporarily transferring power to the vice president.
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Section 4
Section 4 addresses a situation in which the vice president and a majority of the cabinet determine that the president is no longer able to discharge their duties. This section has never been invoked. Under this, the vice president and a majority of the members of the cabinet inform the leaders of the Senate and House that the president is incapable of discharging his duties and the vice president becomes acting president.
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How does it work?
If a president contests the determination that he or she is unable to fulfill their duties, it is up to Congress to make the decision. A two-thirds majority in both the House and the Senate would be needed to declare the president unfit to remain in office.