The Democratic Party in the US Congress has called for the removal of Donald Trump, even 13 days after he transfers the mandate to Joe Biden, after the chaos unleashed on Capitol Hill on January 6
There are two alternatives, although they seem unlikely to succeed: the invocation of the 25th Amendment and impeachment .
The 25th Amendment in the United States Constitution allows the transfer of power from the presidency to the vice presidency, either temporarily or permanently.
- 🔹Makes the vice president president if he is unable to continue with his responsibilities, for example, if he suffers a physical or mental illness.
- 🔹Section number 4 of said amendment allows the vice president and the majority of the cabinet to declare the president incapable of performing his duty in office.
- 🔹 For this, they would need to sign and send a letter to the presidents of the House of Representatives and the Senate and declare the president as unfit to govern or incapable of carrying out his powers and duties.
- 🔹If so, Vice President Mike Pence would automatically assume power until next January 20, when Biden’s term would begin.
- 🔹The president can contest; if so, it is up to Congress to decide. Any vote in the Senate and House of Representatives ordering the removal of the president requires a two-thirds majority.
- 🔹While the case is resolved, the vice president would act as president.
- 🔹To date, no president has been removed from office using Amendment 25.
The impeachment takes place in the United States Congress with the objective of carrying out a possible impeachment of the president.
- 🔻The US Constitution establishes that the president “must be removed from office if he is accused of and convicted of treason, bribery, or other crimes or serious crimes.”
- 🔻It is a political process and not a criminal one.
- 🔻It would have to be initiated by the House of Representatives and only needs a simple majority to be activated.
- 🔻The trial would then be held in the Senate, where two-thirds of the votes are needed to remove the president.
- 🔻This milestone has never been reached in the history of the United States