In the News: Removing a President From Office (Part II)?
The 25th Amendment technically allows for a president to be removed from office, but, this was quite arguable not it’s original intent. The Amendment was written for situations in which a sitting president was alive, but physically incapable of discharging the duties of the office. This was the case, for example, President Woodrow Wilson suffered a stroke in 1919 and was incapacitated through the end of his presidency.
In order to remove President Trump by way of the 25th Amendment, the vice president, with the majority of the Cabinet, would have to declare the President incapacitated for reasons of mental health. This, again, was not the original intent, but would likely stand up to constitutional scrutiny if enacted.
One detail: Invoking the 25th Amendment makes the vice president “acting” president only. He or she does not assume the office in the same way as if the president was removed after impeachment, resigned or dies in office.
