US President Donald Trump has been condemned by some for his behaviour in recent months (Picture: AFP/Getty)
Donald Trump’s behaviour in the past 24 hours has prompted suggestions the 25th Amendment of the US Constitution is set to be invoked.
With Joe Biden prepped to be inaugurated as as the next president of the United States on Wednesday, January 20, 2021, Trump is not going quietly.
Shocking scenes of protesters in support of Trump swarming the Capitol building made headlines around the world which have so far resulted in four deaths.
Prominent Republicans have accused the president of inciting the violence leading to suggestions he could be removed from office early.
Trump has since committed to a peaceful transition of power for the first time after Biden was officially certified as President by Congress.
But what does this all mean for the end of Trump’s reign?
What is the 25th Amendment?
Supporters of President Donald Trump are confronted by Capitol Police officers outside the Senate Chamber inside the Capitol (Picture: AP)
The 25th Amendment to the US Constitution can be invoked if a president is, for any reason, unable to carry out their duties.
It is usually there for a president to invoke themselves if they are to undergo a surgical operation where they will be unconscious.
It also applies to a president dying or resigning from the role.
In instances like these, duties will be transferred to the vice president until the president sends another notice to declare he is once again fit to work.
Could Donald Trump be removed from office early?
US Vice President Mike Pence will play a huge part should the 25th Amendment be invoked (Picture: DPA Picture Alliance)
The 25th Amendment of the US Constitution provides for a sitting president to be removed from office by his own team should he be deemed unfit for office.
It would require Vice President Mike Pence and a majority of other senior White House staffers to agree Trump is ‘unable to discharge the powers and duties of his office’, and would see the vice president take over.
According to Reuters, some cabinet members and Trump allies have spoken about invoking the 25th Amendment, under Section 4.
Section 4 is defined as a majority of ‘the principal officers of the executive departments’ (the United States Cabinet) or ‘such other body as Congress may by law provide’ (some other group that Congress chooses).
These people would have to sign and give a letter to the president pro tempore of the Senate and the Speaker of the House.
But with less than two weeks left of Trump’s presidency they will need to act quickly if they want immediate change.
Has the 25th Amendment been invoked before?
Four people died in the protests at the Capitol (Picture: EPA)
Yes, previous presidents have temporarily relinquished power in the past but not fully invoked the 25th Amendment under Section 4.
Former president George W Bush transferred power twice to his vice president during his tenure due to undergoing two separate colonoscopies.
Even when president Ronald Reagan was shot in 1981, the 25th was not invoked because he needed immediate surgery and his vice president at the time, Bush, was travelling at the time.
By the time Reagan recovered there was no need to invoke the amendment.
Section 4 is the only part of the amendment that has never been used which allows other executive officials to declare the president unable to do his job with the vice president agreeing to do this.
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