EXPLAINER: As Trump Tests Positive for COVID-19, Discussions Rise About 25th Amendment

 

Donald Trump has tested positive for COVID-19, not just him, his wife also has the virus leading to talks about the 25th amendment.

EXCEL MAGAZINE INTERNATIONAL takes a look at the amendment and its implication.

It will be recalled that the physician to President Trump, Sean Patrick, tweeted a confirmation of Trump testing positive to the SARS-CoV-2 virus.

His tweet reads;
“This evening I received confirmation that both President Trump and First Lady Melania Trump have tested positive for the SARS-CoV-2 virus. The President and First Lady are both well at this time and they plan to remain at home within the White House during their convalescence” the Physician to the President tweeted.

The amendment has only been invoked three times before. If invoked this time , the Vice President, Mike Pence, who has tested negative to the virus will assume the role of the acting president until the president can execute his office.

According to reports, Donald Trump has shown symptoms such as Cold and his age is a source of worry to many, there are concerns that if he begins to suffer symptoms a protracted period of intensive care will be needed.

The amendment was ratified in 1963 and aims to ensure that there is no vacancy in the office of the President in the event of the president being incapacitated or unfit.

The amendment allows the President to transfer power temporarily to the Vice President .

The president can resume via an official letter when he recovers. When he sends a declaration stating his willingness and ability to resume, there would be a four-days waiting period during which Pence will stay in control. If Pence and a majority of the Cabinet did not disagree with Trump’s declaration within those four days, Trump would retake his powers.

If Pence and the Cabinet did disagree, the question would get to the Congress with Pence in-charge in the interim.
Unless both chambers agree by a two-thirds majority, within 21 days, that Trump was unable to serve, Trump would retake power.

Reagan had officially turned over power to his vice president George Bush once and George Bush withdrew twice in 2002 and 2007.

It is unclear whether Trump will be willing to transfer powers to Mike Spence especially with the elections drawing near.

If Trump does not transfer the power, there may be a possibility of a vacuum should the illness get more severe.

However, Under Section 4 of the 25th amendment, the Vice President and a majority of either the cabinet or any other body established by law can also declare the president as “unable to discharge the powers and duties of his office”.

Soon after testing positive for Covid-19, Trump cancelled all campaign fundraisers and rallies scheduled to take place in the coming weeks.