25th Amendment

For 38 Years of American History, There Has Been No Vice President

by Cary Heinz

The frequency with which the vice presidency has been vacant shows the historical insignificance of the office. 

A New "Trump Precedent" Under the 25th Amendment?

by Devan Charles Lindey

If the vice president and cabinet invoke the 25th Amendment to remove Donald Trump from the powers of the presidency, it would set a new precedent in the largely uncharted territory of dealing with Presidential incapacity. 

There’s an Alternative to Impeachment Or 25th Amendment for Trump, Historians Say

by Michael S. Rosenwald

Eric Foner discusses Section III of the 14th Amendment, which barred those guilty of engaging in or aiding insurrection against the United States from holding elected or civil office in the United States. The section has no provision for removal from office but would prevent Trump's reelection if he were found guilty of insurrection.

Leaders Have Shirked Responsibility When Pandemics Affected Presidents

by Robert Brent Toplin

It's a matter of speculation whether his illness with COVID-19 has contributed to Trump's recent behavior, but it's not unlikely. It's another episode showing the need for rigorous attention to the issue of presidential incapacitation. 

The 25th Amendment Should Not Be Invoked Lightly

by Brian Kalt

The speed with which presidential power transfers to the Vice President under the 25th Amendment is balanced by the relative ease with which the president can reclaim those powers. Is it an appropriate tool for removing Donald Trump from power (if not from office)? 

What Happens If a Presidential Candidate Becomes Incapacitated or Dies?

by Brian C. Kalt

We know who the decision makers would be, but we have no idea what they would decide—and what voters’ reactions would be.

Reflections from "That Further Shore": A Constitutional Lawyer's Immigrant Family History

by John Feerick

John Feerick's work in constitutional law helped create the 25th Amendment, and an unadopted amendment to abolish the Electoral College. His recent family history and memoir shows how his immigrant parents laid a foundation for this success. 

Stop Talking About the 25th Amendment. It Won’t Work on Trump.

by David Greenberg and Rebecca Lubot

And it might just set off a constitutional crisis. 

The Story of the 25th Amendment, According to the People Behind It

President Lyndon B. Johnson during the ceremony to ratify the 25th amendment at the White House in 1967. The amendment came about because of succession concerns if the president became incapacitated.

What You Need To Know About The 25th Amendment

The short answer: It's a way, other than impeachment, provided by the Constitution for power to be taken away from a sitting president.

What Does Invoking The 25th Amendment Actually Look Like?

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

A Liberal Fantasy Ripped from a Hollywood Script

by Jeff Greenfield

No, Democrats—the 25th Amendment won’t save you from Donald Trump.

Why We Need a Crash Course in the 25th Amendment

by Ronald L. Feinman

With Trump in the White House we face the possibility that the president will prove so incompetent he needs to be replaced.