The 25th Amendment states the vice president shall replace a president if they die in office, resign, or if members of the president’s cabinet declare the president unable to fulfill the duties of their office. After President Biden’s poor debate performance against Donald Trump, there have been renewed calls for invoking this amendment. Some Democratic leaders suggest Biden should resign, making Vice President Kamala Harris the president and allowing her to run as an incumbent. Republicans, who had called for the amendment earlier this year, rekindled their efforts, with some urging Biden’s cabinet to consider invoking the amendment. Prominent Republicans filed resolutions urging Harris to declare Biden unable to fulfill the presidency, citing a perceived rapid decline in his capabilities. In contrast, at least one Biden cabinet member dismissed the idea as absurd. Public figures, including media personalities, have also joked about the amendment following Biden’s debate performance. Under the 25th Amendment, a majority of the vice president and the principal officers of the president’s cabinet can submit a written declaration that the president is unable to discharge the powers and duties of the presidency. This would lead to the vice president immediately assuming the powers of the presidency. If the president contests this declaration, the cabinet and vice president have a window to override the president’s objection, and Congress must then vote on the matter, requiring a two-thirds majority in both the House and Senate. Meanwhile, some Republicans, including Trump, seem to prefer Biden as an opponent and have encouraged him to continue his campaign. If Biden were to drop out of the race before the Democratic National Convention, the Democratic Party could hold an open convention to choose a new nominee. This process has not been used since 1968. Additionally, Republicans previously floated the 25th Amendment as a means to remove Biden from office in February after a report from the Department of Justice Special Counsel suggested Biden mishandled White House documents during his time as vice president, though no felony charges were recommended, and the cabinet did not take steps to invoke the amendment.
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