Concerns about President Biden’s mental sharpness and calls for him to drop out of the race have sparked questions about the 25th Amendment and what role Vice President Kamala Harris would play in triggering that process.
The 25th Amendment allows for the vice president and a majority of the Cabinet to declare a president unfit for office. The vice president then becomes acting president. However, the section of the amendment specifically addressing this procedure has never been invoked.
Experts discussed what that unprecedented process would look like. Jonathan Turley, the Shapiro Professor of Public Interest Law at George Washington University, stated that the 25th amendment process was designed to be difficult. He expressed doubts about Harris playing a role in removing Biden, citing the unlikelihood of garnering the necessary support in the cabinet.
Republican representatives have called for the 25th Amendment to be triggered, with GOP Rep. Byron Donalds emphasizing the constitutional duty of Harris and the cabinet to the American people.
Turley suggested that President Biden would contest any invocation of the 25th Amendment, leading to a potential standoff before the Convention. Zack Smith, a legal fellow at The Heritage Foundation, explained that Biden could push back against the process as outlined in the Amendment.
Smith highlighted that under the terms of the Amendment, Harris couldn’t unilaterally act. The process involves the Vice President and a majority of the principal officers of the executive departments sending written notice to Congress, triggering a series of steps to determine the President's fitness for office.
Despite inquiries to Harris's office about Biden's mental state and discussions regarding the 25th Amendment, no response was provided.
