House Democrats Plan Calls on Pence to Invoke 25th Amendment, What Comes Next?

By Dana Cruz First Posted: Jan 11, 2021 11:14 PM EST

House Considers 25th Amendment Resolution And Articles Of Impeachment

(Photo : Stefani Reynolds/Getty Images) The U.S. Capitol stands on January 11, 2021 in Washington, DC.

House Democrats introduced a resolution on Monday calling on Vice President Mike Pence to invoke the 25th Amendment against President Donald Trump.

They also introduced an impeachment article against Trump charging him with "incitement of insurrection" for his statement to march to the U.S. Capitol on Wednesday last week.

The House is set to vote on the 25th Amendment measure by Tuesday and on impeachment on Wednesday, said NBC News. All these could happen a week before the change of White House leadership on January 20.

CNET noted in a report that if the 25th Amendment was invoked successfully, Pence would serve as the acting president until Inauguration Day.

The measure was first blocked in the House after some of the chamber's GOP members refused to support it.

25th Amendment Measure Requires Bipartisan Support

House Speaker Nancy Pelosi said in a USA Today report that removing Trump from the White House can be done through either the 25th Amendment or impeachment, but both need bipartisan support.

The 25th Amendment vote needs to be unanimous to take effect and has only garnered support from some Republican representatives.

These two measures were put forward following the chaotic riot that took place at the U.S. Capitol where five people were found dead and at least 120 arrests were made.

The 25th Amendment was first ratified in 1967 after the assassination of John F. Kennedy renewed questions about presidential successions.

It also gives the Congress and the president shared power to find a replacement for vice president.

But the 25th Amendment's Section 4 can be used to strip a president's powers away.

It states that the vice president and majority of the Cabinet can assess if a president is "unable to discharge the powers and duties of his office."

This puts the vice president in the role of acting president, unless the president argues that he is fit for his duty, the two-thirds of both chambers of the Congress has to vote to put the VP in charge.

What's Next for 25th Amendment Measure?

House Democrats first tried to fast-track the resolution invoking the 25th Amendment. However, that plan didn't work.

So now, Pelosi said Democrats will bring the resolution introduced by House Majority Leader Steny Hoyer on Tuesday.

If the resolution passed, Pence has to intervene within 24 hours before the House starts its impeachment process on Wednesday or Thursday, depending on how fast discussions take place.

Pence has not yet made any public comments about using the 25th Amendment to remove Trump but a January 7 report from Business Insider aid the Pence had no plans to use it.

Later on, the vice president had reportedly "not ruled out" the possibility of invoking the said amendment. Pence's stance on the matter remains unclear.

Pence was urged by lawmakers and cabinet members to push through with the 25th Amendment following the January 6 riot. Around 240 lawmakers were said to back the proposal, CNET noted.

New York Times reported that Trump and Pence had not yet spoken since the violent riots, and that Trump was reportedly unhappy that the VP did not try to overturn election results.