25th Amendment Discussion Intensifies Amid President Biden’s Determination to Stay in the Race

As President Joe Biden remains resolute in his campaign, discussions surrounding the invocation of the 25th Amendment to remove him from office are intensifying. Political commentators and legislators are increasingly advocating for Biden, aged 81, to step aside, given growing concerns about his ability to defeat Republican candidate Donald Trump.

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Former President Donald Trump, along with many Republicans, prefers Biden as an opponent and is unlikely to support the invocation of the 25th Amendment. Trump recently asserted that “Biden should ignore his critics and proceed with his powerful and extensive campaign, demonstrating sharpness, precision, and energy, as he did in the debate, to promote his policies.”

How the 25th Amendment Works

According to the 25th Amendment, a majority of the Vice President and the principal officers of the President’s cabinet may submit a written declaration stating that the President is “unable to discharge the powers and duties of the office.” This declaration would be delivered to the Speaker of the House and the President pro tempore of the Senate, at which point the Vice President would immediately assume the duties of the Presidency as outlined in Section 4 of the 25th Amendment.

The President may then contest this declaration and resume his duties. Subsequently, the cabinet and the Vice President have four days to reaffirm their declaration, potentially overriding the President's objection. If such a reaffirmation occurs, Congress must convene within 48 hours to vote on the matter, requiring a two-thirds majority in both the House and Senate to uphold the declaration.

Potential Scenarios if Biden Withdraws

If President Biden decides to withdraw before the Democratic National Convention on August 19, the Democratic Party could convene an open convention to select a new nominee. This process has not been utilized since 1968. Some Democrats have proposed holding debates or conducting polls to identify the most viable candidate to defeat Trump in November, with Representative Jim Clyburn of South Carolina suggesting a "mini primary."

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Historical Context of the 25th Amendment

Republicans previously suggested invoking the 25th Amendment to remove Biden from office in February, following a critical report by Department of Justice Special Counsel Robert Hur. The report stemmed from allegations of mishandled White House documents during Biden’s tenure as Vice President. Although Hur did not recommend felony charges, he portrayed a concerning picture of Biden’s memory lapses. Various right-wing commentators and GOP lawmakers—including Senators Rick Scott, Mike Lee, and Josh Hawley, and Representatives Marjorie Taylor Greene, Mike Collins, and Mary Miller—urged Biden’s cabinet to invoke the 25th Amendment, though no steps were taken.

Biden’s Campaign and Recent Developments

President Biden’s performance in the first presidential debate of the 2024 campaign last week was widely criticized. The 90-minute debate failed to reassure Democrats and swing voters about Biden’s capability to serve another term. His hoarse voice, attributed to a cold, and his faltering responses rekindled longstanding concerns regarding his age and cognitive abilities. Subsequently, several Congressional Democrats and billionaire supporters have called for Biden to withdraw from the race.

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Despite these calls, President Biden has continued his campaign, speaking at rallies and fundraisers. In a recent ABC interview, he dismissed the debate performance as a “bad episode,” downplaying concerns about his mental fitness and refusing to undergo a cognitive test.

News Source:- forbes.com