U.S. Rep. Roy seeks to oust Biden via 25th amendment (2024)

(The Center Square) – U.S. Rep. Chip Roy R-Texas, filed a resolution Friday calling for the 25th Amendment of the Constitution to be invoked to remove President Joe Biden from office after his performance at the presidential debate on Thursday night. Biden appeared to have mental and physical difficulties, prompting widespread speculation and criticism in the media and among Democrats.

The resolution calls on Vice President Kamala Harris “to convene and mobilize the principal officers of the executive departments of the Cabinet to activate Section 4 of the 25th Amendment to declare President Joseph Biden incapable of executing the duties of his office and to immediately exercise powers as Acting President.” It also states Biden “has repeatedly and publicly demonstrated his inability to discharge the powers and duties of the presidency, including, among others, the powers and duties of the Commander-In-Chief.”

In a radio interview, Roy made similar arguments to those of Sen. Ted Cruz, R-Texas, saying he doesn’t know who would replace Biden as the Democratic nominee ahead on Novembers election. Cruz says it would be former First Lady Michelle Obama.

Roy said, “Democrats have now known this for a long time,” referring to Biden’s mental and physical health. “They've been guilty of trying to hide it from the American people. They've been using him [Biden] as a puppet as a Manchurian candidate to drive their radical agenda. They've done that on purpose … now they saw the gig is up, that Trump could win, they were hoping they could keep the Manchurian candidate in place, they panicked. It was a controlled panic, let's have an early debate, we'll see how he performed. He didn't perform. Now they have what they need to try to push him aside and end-run [Vice President] Kamala [Harris].”

Regardless of the Democrats’ problems, Roy said, “we have a constitutional duty to protect the Constitution. He's incapable. We should force Democrats to own it and make a choice. Do you agree, do you believe he's competent? Let's make them choose.”

Congress proposed the 25th Amendment in 1965 after the assassination of President John F. Kennedy. All 50 states ratified it in 1967. It establishes procedures for replacing the president or vice president under certain circ*mstances. The first time it was invoked was in 1973 after Vice President Spiro Agnew resigned, according to the Congressional Research Service. It was again used in 1974 after President Richard Nixon resigned and when Vice President Gerald Ford, who became president, nominated Nelson Rockefeller as Vice President. It has not been used since.

Calls to invoke the 25th Amendment were made in February by multiple members of Congress after Special Counsel Robert Hur’s report cited examples of Biden’s mental lapses, describing him as an “elderly man with poor memory,” The Center Square reported.

Before that, and for three years, former White House physician for presidents Barack Obama and Donald Trump, U.S. Rep. Ronny Jackson, R-Texas, repeatedly questioned Biden’s mental and physical health and called for him to be removed under the 25th Amendment, The Center Square reported.

Sen. Mike Lee, R-Utah, agreed with Roy’s resolution, saying, “If the need to invoke the 25th Amendment wasn’t made abundantly clear last night, it never will be. This is dire. And exactly the kind of situation for which the 25th Amendment was written.”

U.S. Rep. Anna Paulina Luna, R-Florida, said if the Hur tapes were released, Biden’s cabinet would vote to remove him from office. She told Fox Business, “If we are able to hear that he is incompetent on those tapes,” she said the cabinet “would have to” vote to remove him. “I say that based on last night's performance and the outcry from Democrats from various news outlets from the American people … calling for a new candidate or for him to step aside.”

At a campaign event in North Carolina on Friday, Biden said he wasn’t backing down. "I don't walk as easy as I used to. I don't speak as smoothly as I used to... I know how to tell the truth. I know right from wrong. I know how to do this job...I know like millions of Americans know; when you get knocked down you get back up."

After his campaign blamed his poor performance on a cold, co-host of CBS Mornings Gayle King said, “When you have a cold there's many things you can take for it. We didn't know he had a cold until he stood up. A cold doesn't force you to lose your train of thought. A cold doesn't force you to just throw things out randomly that to many people made no sense.

“So how long do we continue to act like that we didn't see what we just saw last night? I thought for many people, the word I keep hearing was, ‘it was very painful to watch.’”

U.S. Rep. Roy seeks to oust Biden via 25th amendment (2024)

FAQs

U.S. Rep. Roy seeks to oust Biden via 25th amendment? ›

U.S. Rep. Chip Roy R-Texas, filed a resolution Friday calling for the 25th Amendment of the Constitution to be invoked to remove President Joe Biden from office after his performance at the presidential debate on Thursday night.

How did the 25th Amendment change the presidential line of succession? ›

Upon its ratification in 1967, the Twenty-fifth Amendment reaffirmed several of the precedents set by previous presidents and vice presidents in response to their own succession crises. Section 1 authorizes the vice president to become the president upon the former's removal from office, resignation, or death.

What happens if a president is removed by 25th Amendment? ›

Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Who would invoke the 25th Amendment? ›

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to ...

Who resigned as Vice President leading to the first use of the 25th Amendment? ›

The first use of the 25th Amendment occurred in 1973 when President Richard Nixon nominated Congressman Gerald R. Ford of Michigan to fill the vacancy left by Vice President Spiro Agnew's resignation.

How many times has the 25th Amendment been invoked? ›

The Twenty-fifth Amendment has been invoked (used) six times since it was added to the Constitution. Section 1 has been used once; Section 2 has been used twice; and Section 3 has been used three times. Only Section 4 has never been used, though it was considered twice.

How do I remove a sitting president? ›

The impeachment process
  1. The House of Representatives brings articles (charges) of impeachment against an official. ...
  2. If the House adopts the articles by a simple majority vote, the official has been impeached.
  3. The Senate holds an impeachment trial. ...
  4. If found guilty, the official is removed from office.
Feb 2, 2024

Who were the vice presidents appointed using the 25th Amendment? ›

Gerald Ford became the first vice president to be nominated by the president and confirmed by the Congress pursuant to the Twenty-fifth Amendment.

Can the President remove the vice president? ›

The Constitution of the United States gives Congress the authority to remove the vice president of the United States from office in two separate proceedings. The first one takes place in the House of Representatives, which impeaches the vice president by approving articles of impeachment through a simple majority vote.

Has a vice president ever been replaced? ›

Before adoption of the Twenty-fifth Amendment in 1967, an intra-term vacancy in the office of the vice president could not be filled until the next post-election inauguration. Several such vacancies occurred: seven vice presidents died, one resigned and eight succeeded to the presidency.

Can a former president run for vice president? ›

Under the Twelfth Amendment to the United States Constitution, "no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States".

Who is next in line if the President and vice president Cannot serve? ›

The order of succession specifies that the office passes to the vice president; if the vice presidency is simultaneously vacant, the powers and duties of the presidency pass to the speaker of the House of Representatives, president pro tempore of the Senate, and then Cabinet secretaries, depending on eligibility.

Who was the first president and vice president without being elected? ›

Ford succeeded to the presidency when Nixon resigned in 1974, but was defeated for election to a full term in 1976. Ford is the only person to serve as president without winning an election for president or vice president. Leslie Lynch King Jr. Omaha, Nebraska, U.S.

How did the 25th Amendment fill the gaps in the Presidential Succession Act of 1947? ›

But the 25th amendment offers this alternative attractive model of handpicked succession: from Nixon to Ford to Rockefeller, with the President naming the person who will fill in for him and complete the term that he was elected to discharge if he's unable to do it himself.

What is the difference between the 25th Amendment and the Presidential Succession Act of 1947? ›

By authorizing the president to nominate a replacement vice president, the Twenty-Fifth Amendment embraces the principle that presidential successors should be allies of the president. In contrast, the Succession Act allows for political opponents of the president— lawmakers from the other party—to be successors.

Who changed the presidential line of succession? ›

On July 18, 1947, President Harry Truman signed the Presidential Succession Act. The original act of 1792 had placed the Senate president pro tempore and Speaker of the House in the line of succession, but in 1886 Congress had removed them.

How did the Constitution provide for presidential succession before the 25th Amendment quizlet? ›

Before the 25th Amendment, what did the Constitution say about presidential vacancy? Vice President acts as President. 1) Naming the party's presidential and vice presidential candidates, 2) promoting party unity, and 3) adopting the party's platform.

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