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The 25th Amendment: What is it and how does it work?

Published: Jan. 7, 2021 at 9:59 PM CST
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OTTUMWA, Iowa (KYOU) -

Following a speech from President Donald Trump on Wednesday, many believe his words and actions were responsible for inciting his supporters to march to the capitol and storm the building.

Now congressional leaders like House Speaker Nancy Pelosi are calling to invoke the 25th Amendment.

She said: “And calling for this seditious act, president has committed an unspeakable assault on our nation and our people. I joined the senate democratic leader and calling on the Vice President to remove this president by immediately invoking the 25th amendment. If the Vice President of cabinet do not act, the Congress may be prepared to move forward with impeachment. That is the overwhelming sentiment of my colleagues.”

But you might be asking - what is the 25th Amendment and what does it do?

KYOU spoke professor of law at the University of Iowa Derek Muller who said: “The 25th amendment deals with situations where the President is incapacitated or situations where he is unable to discharge his duties in office.”

But in this situation - can the 25th Amendment be used?

“It’s pretty technical and requires a lot of moving pieces. In order to declare that the president is unable it requires the vice-president and a majority of the cabinet to say he’s ineligible. They would have to vote on that that he’s unable to perform his duties and then they would send that along to congress,” Muller shared.

It would be a move never seen in our nation’s history. “It’s never been invoked in this way before. The only time when the 25th Amendment has come into play have been very limited circumstances when a President undergoing surgery undergoing anesthesia hands over control to the Vice President briefly.”

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