Invoking the 25th Amendment would present Kamala Harris with multiple challenges

By 
 July 29, 2024

Although President Joe Biden has insisted that he will finish out his term in office, many critics say growing health problems will necessitate his removal via the Constitution's 25th Amendment.

As Fox News noted this past weekend, such a bombshell move would leave Vice President Kamala Harris facing an unprecedented set of challenges.  

Harris would face major hurdles

Section 4 of the 25th Amendment provides that

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 discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Should Biden respond by resigning, then Harris would assume the presidency. However, if the president chooses to fight then she would need to convince two-thirds of the House and Senate to vote for his removal.

Even if she were to succeed, Harris would then be confronted with the problem of getting a new vice president confirmed by a majority vote in both houses of Congress. As Fox News pointed out, the House of Representatives is controlled by Republicans.

GOP congressman urges use of 25th amendment

Among those calling for Biden to be removed via the 25th is Tennessee Republican Andy Ogles, who laid out his case in a letter sent to Harris last week.

"Whether you were aware of Mr. Biden’s declining health throughout his tenure, the implications of allowing him to remain in his current capacity are extraordinary," Fox News quoted Ogles as writing.

"Barring Mr. Biden's own willingness to resign, we urge you to immediately invoke the 25th Amendment and force the issue," he insisted.

"Since Biden has made it clear he will not resign, it is imperative that Vice President Harris move forward with invoking the provisions of the 25th Amendment to remove him forcibly," the congressman said as he drew to a close.

Frank Biden: Health was "absolutely" a factor in brother's decision

While Biden did not mention his physical or mental health when announcing that he would drop out of the race, the president's younger brother did during an interview with CBS News.

"Selfishly, I will have him back to enjoy whatever time we have left. He is a genuine hero," Frank Biden said before adding that the president's health was "absolutely" a factor in his decision.

Breitbart reported that the White House was quick to deny Frank Biden's claim, alleging that he "suffers from alcoholism and hasn't spoken to his brother, the President, in weeks."

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson