More and more folks—including an increasing number of Democrats—are discussing all the options for replacing President Biden. Last week we discussed if and how he could be replaced before Election Day, but there’s another (albeit unlikely) path available to Democrats.
Section 4 of the 25th Amendment outlines the process for how to remove a president who may not be up to the job. It goes like this:
Vice President Harris and at least a majority of the 15 cabinet secretaries agree that the “the President is unable to discharge the powers and duties of his office.”
They sign and submit a letter stating such to Congress. At this point the VP becomes Acting President.
IF the ousted President objects, he can submit his own letter to Congress saying he’s more than capable of serving as President. Once he does, he reassumes the office of President.
Congress can then overrule President (agreeing with the VP/cabinet) with a 2/3rds vote in both the House and Senate, kicking out the President once and for all.
The 25th has never been invoked, but for Democrats freaking out about the election, it offers them a path to getting a new candidate before ballots start being counted.
How Democrats Can Replace Biden Using the 25th Amendment