Pence's path to assuming the presidency "temporarily" if Trump is unable to fulfill his duties
Like two US presidents before him, Donald Trump can temporarily hand over power to his deputy, Mike Pence, if he is unable to perform his duties, for example while he is undergoing a medical procedure as a treatment for Coronavirus.
Today, Friday, Trump said that he had tested positive for "Covid-19" and that he would enter quarantine to start the recovery process immediately.
Under the third paragraph of the Twenty-Fifth Amendment to the US Constitution, passed in 1967 after the 1963 assassination of President John F. Kennedy, Trump can declare in writing his inability to perform his duties.
Pence will then become the caretaker president, even though Trump remains in office.
The President will regain his powers by declaring in writing that he is ready to assume his duties again.
Paragraph 4 of the Twenty-Fifth Amendment also specifies a path to stripping the president of power, for example if his government deems that he has become incapable of performing his duties.
But this measure has never been activated before.
Examples of third paragraph activation
- On July 13, 1985, President Ronald Reagan chose to remove a tumor that may be cancerous after it was discovered during a colonoscopy.
Reagan signed a letter indicating that he was aware of the provisions of the third paragraph, although he had not resorted to formally enforcing them.
He became Vice President George H.
W.
Bush acted as the president for nearly eight hours, from 11:28 am to 7:22 pm, when Reagan issued a speech announcing that he was able to resume his duties.
On June 29, 2002, President George W.
Bush activated the third paragraph, to transfer his powers temporarily to Vice President Dick Cheney before undergoing a colonoscopy.
Cheney became Acting President from 7:09 am to 9:24 am.
On July 21, 2007, Bush did the third trimester again before another colonoscopy.
Cheney remained acting president from 7:16 am to 9:21 am.
Paragraph Four:
Under the fourth paragraph, the vice president and a majority of either government officials or “any other body such as Congress under the law” can inform the Presidents of the House of Representatives and the Senate in Congress that the president is “unable to perform the powers and duties of his office.
In such a case, the Vice President assumes the office of Acting President.
The president resumes office after informing the presidents of both houses of Congress that there is "no deficit" unless officials in government or other agency declare otherwise.
Then Congress must meet within 48 hours to resolve the matter.
If two-thirds of the members of the House of Representatives and the Senate vote that the president is unable to perform the duties of his office, the vice president will remain in office until the next presidential election decides who will occupy the seat in the White House.
Otherwise, the president will resume his duties.
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