What does the 25th Amendment have to do with President Trump’s diagnosis?

Amendment ensures succession plan in case of emergency

Vice President Mike Pence stands on stage with President Donald Trump after Pence spoke on the third day of the Republican National Convention at Fort McHenry National Monument and Historic Shrine in Baltimore, Wednesday, Aug. 26, 2020. (AP Photo/Andrew Harnik) (Andrew Harnik, Copyright 2020 The Associated Press. All rights reserved)

JACKSONVILLE, Fla. – After President Donald Trump disclosed Friday that he had tested positive for COVID-19, questions surfaced about what happens if the president is physically unable to carry out the duties of his office.

President Trump announced the news in a tweet, saying he and First Lady Melania Trump tested positive. The president’s physician later released a memo detailing Trump’s treatment plan, which includes antibodies and a variety of supplements, and said the president remains in good spirits despite feeling fatigue. Later Friday, the White House said the president was being taken to Walter Reed Medical Center for a few days' stay.

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While the White House noted that Trump will be able to continue his work from the hospital, there is a process in place in the event a sitting president either is disabled, sick or otherwise physically unable to work. It’s called the 25th Amendment of the U.S. Constitution and it ensures a plan of succession.

How does it work?

The president signs a letter authorizing the vice president to lead the nation in his absence, said Michael Binder, associate professor of political science at the University of North Florida. “This is relatively straightforward,” he said. “The technical requirements are a written notification to the House and Senate leadership. ... The VP steps in and handles the job, often times without any incident or issue.”

What comes next?

Like the initial letter passing the proverbial baton to the vice president, Binder said, the protocol for a president to resume his duties involves stating in writing that he is prepared to return to office. “When the president gets better, he sends a letter back to the leadership of the Senate and the House saying, ‘Okay, I am back and ready to go,’ and the president is back on,” Binder said.

And the election?

“The election is going to go forward on Nov. 3, and the ballots that have been mailed out and signed, sent and delivered — they will all be counted,” Binder said. If a president were to pass away before the election but win re-election, he said, the vice president would become president and name a vice president who would assume office upon Congressional confirmation.


About the Author

Zachery “Zach” Lashway anchors KPRC 2+ Now. He began at KPRC 2 as a reporter in October 2021.

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