What does invoking the 25th Amendment actually look like?

Many parts of the Constitution are vague, but this one sets the country up for a pretty wild ride. Constitutional scholar Brian Kalt points out: “Section 4 is drafted less than perfectly. The best reading of Section 4’s text — and the clear message from its drafting history — is that when the president declares he is able, he does not retake power until either (1) four days pass without the vice-president and Cabinet disagreeing; or (2) he, the president, wins the vote in Congress. But the text is ambiguous on this point and commentators have frequently misread it as allowing the president to retake power immediately upon his declaration of ability.”

Advertisement

This opens up a possibility that Kalt describes in detail in his book “Constitutional Cliffhangers,” in which the country ends up with two presidents and two Cabinets. In the fictional scenario, the vice president and 11 Cabinet members agree to remove a president whose behavior has been erratic. But she conspires with her chief of staff to “declare that no inability exists,” reclaims power, and fires and replaces the Cabinet that removed her. In this setup, an amendment aimed at preventing a constitutional crises has now created one.

Join the conversation as a VIP Member

Trending on HotAir Videos

Advertisement
Advertisement
Advertisement