Can a President Be Removed From Office if S/He is Physically or Mentally “Unfit for Office?”

Our current and former president are the oldest presidents to hold office, and Republicans were sharply critical of Biden, some arguing he was mentally incapable of holding office. The actions of the current president appear haphazard, at times simply angry and vindictive, at times seemingly driving the nation into an economic collapse, some question his sanity,

Does the 25th Amendment (1969) apply?

The Amendment both resolves and raises a myriad of questions, Section 1 is straightforward,

Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

As is Section 2, when Nixon resigned Ford assumed the presidency and Agnew replaced Ford, when Agnew resigned Rockefeller became Vice President, as per the Constitution.

Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

When Reagan was injured in an assassination attempt Ford assumed the presidency for a period of time.

Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments [the fifteen members of the Cabinet] or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

No such “other body” has ever been designated although there have been proposals. Congress’ discretion in designating such a body and how it would deliberate is “vast” – it could even designate itself, but any designating act would be subject to presidential veto (which in turn can be overridden by two-thirds of both the House and Senate) just like any other statute. Should such a body be created, it is the only body capable of acting in concert with the vice president under Section 4; the fifteen cabinet officers would no longer have a role. However, the vice president’s participation is essential, and vacancy in the vice presidency rules out invocation of Section 4.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

The process is unwieldy and much quicker than impeachment 

The 25th Amendment to the Constitution attempts to clarify the question of presidential succession and leaves many scenarios in limbo.

Over our history presidents have died in office, assassinated and incapacitated for periods of time or for extended periods; in 1969 the Constitution was amended, the Yale Readers Guide to the 25th Amendment attempts to clarify and in the process of clarifications raises a range of ambiguities.

The Vice President and a majority of the Cabinet can begin the process by finding the President unfit, if the President declares “no disability exists,” the Vice President and a majority of the Cabinet can declare the President is unable to “discharge thee powers and duties of his office,” each house of the Congress shall convene and by 2/3 vote of each body “decide the issue.”

There is no provision for determining a permanent disability and there is no provision for the selection of an Acting Vice President.

It is highly unlikely that the 25th Amendment will be used to remove the current president.  

Can you imagine JD Vance plotting behind the scenes to get John Thune, the leader of the Senate and Johnson, the Speaker of the House and Hakeem Jefferies the Minority Leader of the House on board to declare Trump “unfit?”

Stranger things have happened, fingers crossed.