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Home   »   Trump Tested COVID Positive, Can He...

Trump Tested COVID Positive, Can He Invoke 25th Amendment – PDF

 

 

 

 

Risk to president

  • Trump is 74 years old and overweight, which places him in a potentially higher risk category for complications associated with the deadly infection.
  • Even if he remains asymptomatic, Trump will have to isolate himself at the White House and temporarily withdraw from the campaign trail.

What if Donald Trump becomes seriously ill?

  • The 25th amendment of the US constitution lays down a clear succession plan if a president suddenly dies, resigns or is incapacitated while still in office.

 

About 25th amendment

  • The amendment was ratified by Congress in 1967 following the assassination of former President John F Kennedy.
  • As per Section 3 of the 25th amendment, if Trump’s condition were to deteriorate to a point where he is unable to carry out his responsibilities as President, his Vice President
  • Mike Pence can temporarily assume office.
  • Once Trump recovers, he can then reclaim his position.

  • In order to hand over power to the vice president while he is recovering,
  • Trump will have to send a written declaration stating that he is “unable to discharge the powers and duties of his office”
  • To the Senate’s President Pro Tempore, Iowa Republican Chuck Grassley, as well as to Nancy Pelosi, the current speaker of the House of Representatives.

What if President can’t give written consent?

  • Under Section 4 of the 25th amendment,
  • The Vice President and a majority of either the Cabinet or any other body established by law, can also declare the president as
  • “Unable to discharge the powers and duties of his office” by sending a written declaration to Senate & HOR.
  • In such a situation, Pence will immediately assume the powers of the president,
  • Until Trump responds in writing that he is not, in fact, disabled.
  • The Vice President and the Cabinet or review body then has four days to respond.

Has it been invoked earlier?

  • The 25th amendment has been invoked only three times in US history by two different presidents but for the same reason —
  • a colonoscopy.
  • In 1985, former Vice President George Bush briefly assumed presidential responsibilities while then-President Ronald Reagan underwent the
  • invasive procedure.
  • More recently, President George W Bush invoked the amendment twice during colonoscopies in 2002 and 2007, temporarily turning over power to then-
  • Vice President Dick Cheney.

What if both are unable to serve?

  • According to the Presidential Succession Act of 1947, if both Trump and Pence are suddenly incapacitated,
  • US House of Representatives Speaker and California Democrat Nancy Pelosi will take over as commander-in-chief of the United States.

if a presidential candidate falls ill or dies before an election?

  • If Donald Trump or any other candidate were to pass away before the election then it would be up to their political party to choose their successor.
  • While the party is highly likely to choose the vice presidential candidate as the new presidential nominee,
  • The procedure is not set in stone and the party also has the option of choosing someone else entirely.

How many presidents have died while still in office?

  • So far, a total of eight Presidents have died while still occupying the Oval Office at the White House.
  • Of these, William Henry Harrison, Zachary Taylor, Warren G. Harding and Franklin D. Rooseveltpassed away due to natural causes.
  • While Abraham Lincoln, James A. Garfield, William McKinley and John F. Kennedy were all assassinated while still in office.

Q) Which of the following statements regarding amendment to the U.S. Constitution are correct?

1- Every amendment must be ratified by three-fourths of the states (i.e., 38 of 50 states).

2- Till now, no amendments has been disapproved by the states.

  1. 1 only
  2. 2 only
  3. Both 1 & 2
  4. None of the above

 

 

 

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