Invoking the 25th Amendment to the United States Constitution: The Removal of President Donald J. Trump – JURIST

Vincent J. Napoleon

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But it is Section 4 of the 25th Amendment which is most relevant in determining whether Donald Trump’s recent conduct of encouraging a coup on this Government should result in his removal from office. More specifically, Section 4 of 25th Amendment states that:

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President…

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