Rutgers law professor explains difference between invoking the 25th Amendment and impeachment
If Vice President Mike Pence used the 25th Amendment he would take on the role of acting president.
News 12 Staff
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Jan 8, 2021, 4:38 AM
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Updated 1,194 days ago
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1h agoWith just 13 days left in President Donald Trump's term, many members of Congress are suggesting that the 25th Amendment be invoked following violent protests at the Capitol.
If Vice President Mike Pence used the 25th Amendment he would take on the role of acting president. To gain that title he would need to get a majority of the 15 Cabinet members to agree. The president would have a chance to appeal and Congress would have 21 days to decide.
Rutgers law professor Perry Dane says it's generally used when the president is undergoing a medical procedure. For instance, Dick Cheney became acting resident under the 25th when George Bush had a colonoscopy.
"The 25th Amendment requires the president be incapable of performing duties of his office," says Dane
Professor Dane says impeachment is more appropriate for a misbehaving president but that would take longer than two weeks.
If President Trump's duties are taken away under the 25th Amendment, he could still run for office in the future. If impeached he could not.
