Trying to figure out the 25th Amendment? Let our experts help with your coverage.November 8, 20192 min read
With the race for the Whitehouse hitting a fever pitch early – and as Democrats and even some Republicans pull out every stop to overtake Donald Trump’s chances at re-election in just over a year, the topic of invoking the 25th Amendment and removing the President from office is getting a lot of coverage and press.
Professor Brian Kalt from Michigan State University is one of only a few legal scholars on the 25th Amendment. He’s noticed that more and more people, pundits and even the media continue to misunderstand the 25th amendment including Robert Reich.
Reich, a former US secretary of labour and is now a professor at the University of California at Berkeley should know better.
Here’s what he says is wrong with Reich’s take on the 25th.
“It’s ridiculous to say that it’s not clear what they mean by executive departments. It’s clear who the cabinet members who would participate are. And he’s right that if there is the threat of an imminent nuclear strike or something like that, it would be appropriate to use the 25th amendment. But he falls into the usual traps of suggesting that the only reason it hasn’t been used already is sycophancy. Barring something like an eminent catastrophe, we have not seen anything as yet that would warrant using section 4. He’s not confronting the built-in limits of section 4. The failure to use the 25th amendment so far is a reflection of its design, not a perversion of it.”
Are you a reporter covering politics and do you have questions about the 25th Amendment, how it works and just what it requires to be invoked? Then let our experts help with your questions and ensure your coverage is accurate.
Brian Kalt is a Professor of Law and a Harold Norris Faculty Scholar at Michigan State University. Brian is an expert in constitutional law of the presidency, presidential pardons, impeachment, succession and the 25th Amendment.
Brian Kalt Professor of Law & Harold Norris Faculty Scholar
Expert in constitutional law of the presidency, presidential pardons, impeachment, succession and the 25th Amendment.