Published 18:37 IST, October 2nd 2020
As Trump tests COVID positive, can Pence take control if President becomes incapacitated?
As Trump tested positive for COVID, he could now temporarily hand over power to the VP if he undergoes a medical procedure and becomes incapacitated.
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As US President Donald Trump tested positive for coronavirus, he could now temporarily hand over power to the Vice President if he undergoes a medical procedure and becomes incapacitated. Trump on October 2 announced that he and First Lady Melania Trump tested positive for COVID and were now going into quarantine to begin the recovery process. "We will get through this TOGETHER!," Trump wrote on Twitter.
Now, if and when the US President undergoes any medical procedure as a treatment for the coronavirus, he could declare in writing his inability to discharge his duties. Under Section 3 of the US Constitution’s 25th Amendment, which was adopted in 1967, the US Vice President Mike Pence could become acting president, while Trump still remains in office. The Republican leader can then regain his powers by just declaring in writing again that he is ready to discharge them.
If Section 3 is acted upon, it won't be the first time that a President would be discharged from his duties. Back in 1985, former President Ronald Reagan had issued a letter invoking Section 3. During that time, then-Vice President George W Bush temporarily assumed control. In 2002 and 2007, President Bush had also invoked Section 3 following which Vice President Dick Cheney became the president twice, but only for few hours.
Section 4 of US Constitution’s 25th Amendment
Similarly, under the 25th Amendment’s Section 4, the Vice President and a majority of either Cabinet officials or such other body as Congress can also strip a president of power if they believe that he has become incapacitated. Although this has never been invoked, the aforementioned leaders can, however, inform the officials in the two houses of Congress that the president ‘is unable to discharge the powers and duties of his office’.
If acted upon, under Section 4, the vice president will take over as acting president. The President, however, can easily resume his office after informing the same two congressional leaders that ‘no inability exists’ unless the Cabinet officials or other body declare otherwise. Congress then is allowed to take 48 hours to decide the issue.
However, one of the drawbacks for the president under Section 4 is that if two-thirds of the members of the House of Representatives and of the Senate vote in their respective chambers that the president is unable to discharge the duties of the office, the vice president remains acting president until after the next scheduled presidential election decides the next White House occupant. Otherwise, the US President resumes office.
18:38 IST, October 2nd 2020