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Cato Daily Podcast

Considering Options as Presidential Age Takes Center Stage

Jun 28, 2024
Political analyst Gene Healy and researcher John Samples discuss the implications of invoking the 25th Amendment in case of a mentally unfit president, challenges of replacing a candidate after selection process, and speculation on Joe Biden's nomination chances
19:27

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Quick takeaways

  • The 25th Amendment's Section 4 poses challenges to remove a president involuntarily, requiring a high threshold for approval by Congress.
  • Replacing a candidate through the 25th Amendment or convention faces complexities, including persuading the incumbent to step down and unpredictable outcomes.

Deep dives

The 25th Amendment Mechanics and Intent

The 25th Amendment addresses the process of presidential incapacity. It includes two key provisions: Section 3, where the president voluntarily declares incapacity, and Section 4, which allows for involuntary transfer of power. The latter provision entails the vice president and cabinet sending a message to Congress asserting the president's inability to discharge duties. However, this section has never been used in practice and involves a high threshold for approval by Congress.

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