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Cato Daily Podcast cover image

Considering Options as Presidential Age Takes Center Stage

Cato Daily Podcast

NOTE

Analysis of the Potential Implications of Invoking the 25th Amendment

The 25th Amendment allows for the removal of a president if deemed incapacitated by the vice president and the majority of department heads. However, the president can challenge this declaration, and Congress must then decide within three weeks with a two-thirds majority vote required for ratification. This process is intentionally designed to be more challenging than impeachment to prevent political manipulation. The scenario of invoking the 25th Amendment to make Kamala Harris the incumbent seems unlikely and not beneficial for the Democrats, as switching back to the president could occur unless enough Republicans vote to ratify the switch. The complexities and high bar for implementation suggest that this avenue may not be pursued, with the process potentially being more about forcing a change in leadership through alternative means.

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