President Biden recently stated that only the “Lord Almighty” could prevent him from seeking reelection, but a rarely used constitutional amendment that Democrats called for against President Trump in the past could potentially allow Biden to step down or be removed from office by an extraordinary act of Congress. This amendment, known as the 25th Amendment, was ratified in 1967 and provides a process for an infirm or incapacitated president to permanently or temporarily transfer power to the vice president.
One of the most politically charged options under the 25th Amendment allows for the vice president, a majority of the Cabinet, and Congress to remove a president if they believe he is “unable to discharge” the powers of the office. This puts Democrats in a difficult position, as any move to remove Biden could further unsettle the nation and lead to a contentious battle for a new candidate. However, pressure is mounting on Biden from within his own party and donors to consider stepping down from the race due to concerns about his age and mental acuity, with many fearing that he cannot win reelection, potentially paving the way for Trump’s return to the White House.
One proposal suggests that Vice President Kamala Harris could replace President Biden in office and on the ballot if he voluntarily resigns. Despite growing calls for him to consider stepping down, Biden has remained steadfast in his decision not to quit the race. However, the increasing negative portrayal of him on social media, highlighting his confusing statements and demeanor, is causing concern among Democrats and shifting attention away from Trump just months before the election.
Democratic leaders like Rep. Adam B. Schiff emphasize the importance of Biden making the right decision for the country’s sake, urging him to consider the implications of his candidacy on the future of democracy. The 25th Amendment was originally introduced to address concerns over presidential succession during times of incapacity, with past presidents like George W. Bush and Ronald Reagan using it temporarily during medical procedures.
While the possibility of invoking the 25th Amendment against Biden remains slim, the least damaging scenario for the Democratic Party could involve Biden voluntarily resigning and Harris assuming the presidency before the party’s convention in August. This would potentially avoid internal conflicts within the party, provide stability, and offer Biden a dignified exit. However, if Biden resists stepping down permanently, he could make a written declaration to temporarily transfer his duties to the vice president under Section 3 of the amendment.
The most drastic option under the 25th Amendment involves Section 4, where Harris and a majority of Biden’s Cabinet could seek to remove him from office if they believe he is unfit to serve. This would require a two-thirds vote in both the House and Senate, leading to potential weeks of turmoil and conflict among Democrats. Despite growing concerns about Biden’s fitness for office, it is unlikely that such a historic move would be made against a sitting president, especially one who still commands loyalty within the party.
While the 25th Amendment has been a topic of discussion in relation to Biden’s presidency, there are no clear indications that Democrats are willing to pursue such a drastic course of action. Past attempts to invoke the amendment against Trump were met with resistance, and the current political climate may not be conducive to a similar move against Biden. As the debate over Biden’s future continues within the party, the specter of the 25th Amendment looms large, raising questions about presidential succession and the stability of the nation’s leadership.