During the Trump administration, an event ended in a tragedy on January 6, and the DEMS demanded the Vice-president to activate the 25th Amendment. There are several interpretations on it, but the US Constitution has its most challenging test now.
In a nutshell, the 25th is a section in the constitution to ensure the US government keeps running if the president cannot do his job.
According to the 25th (Amendment XXV) of the United States Constitution, it is vital to how the inability of a president to do his job is impacted. Next, inline, the vice-president takes the mantle of leading the US government. The vice-president becomes the acting president until the incumbent is fit to resume duties.
Sections 1,3.4 of the 25th
These parts of the amendment cover Amendment XXV, and all the relevant conditions that require its enactment. For Mike Pence, he chooses to shut down demands to activate it to remove the president.
They follow how the VP can legally become acting president. The law assumes this is for a temporary period or until the legally elected leader of the United States is fit to take office.
According to (Sec. 1), the VP becomes the President or Acting President (Sec. 3 or 4) with a specific condition that is not alterable.
If for a short period, the president cannot dispense his duties for a short time, if sick or disabled. One other instance is if it happens in the end or during the president's office's last days. Suppose the president dies or resigns and is incapable of using the powers and constitutionally mandated powers. The 25th Amendment applies to these conditions, but Trump's case is not specific to it.
Also read: Democrats Cannot Impeach Trump Today, Even After His Term; Senate Rules Should be Followed
Another aspect of (Amendment XXV) is when no Vice-president is available or a vacancy for the office. In this case, other aspects of the law will come into effect. The Amendment was agreed upon by all states as a part of the US Constitution on February 10, 1967.
Removal of the President from office
Covered by Article Two, Section 1, Clause 6 (US constitution). This what is covered by the clause: the president or vice-president is removed from office because of death, resignation, or unable to discharge their official powers and duties.
The section state that Congress, by law, adds a new article that encompasses the removal, death, resignation, or inability of president Trump in this instance. Suppose both Trump and Pence, for example, were not available, the House can designate the officer to become the acting president until a new president is legally and constitutionally elected.
Article Two, Section 1, Clause 6 (US constitution) is not specified in some instances.
a. In the section, it does not define who determines if the president cannot fulfill his duties.
b. If the VP will become the president to take over or just an "Acting President."
c. Nothing is set in stone to become a stand-in for the VP position or take over as the president.
d. How Congress should act if both President and Vice President cannot finish the term.
Trump, based on the 25th Amendment is fit for office, and Congress needs time to deliberate. Pence has no reason to do the DEMS bidding, and Trump leaves on January 20.
Related Article: Republicans Block Democrats' Attempt to Impeach President Trump with 25th Amendment
