FAS

Presidential Disability and the 25th Amendment

11.05.18 | 1 min read | Text by Steven Aftergood

Under the 25th amendment to the Constitution, a U.S. President could be declared “disabled” and removed from office against his will by the Vice President acting together with a majority of the Cabinet.

A new report from the Congressional Research Service details the background and provisions of the amendment.

Proponents of the 25th amendment insisted that it was “not intended to facilitate the removal of an unpopular or failed President,” and that safeguards were in place to prevent abuse.

While Presidents have voluntarily and temporarily declared themselves disabled on three occasions — in 1985, 2002 and 2007 — the provisions for involuntary removal from office have never been implemented. See Presidential Disability Under the Twenty-Fifth Amendment: Constitutional Provisions and Perspectives for CongressNovember 5, 2018.

Other new and updated reports from the Congressional Research Service include the following.

The Citizenship Clause and “Birthright Citizenship”: A Brief Legal OverviewCRS Legal Sidebar, November 1, 2018

Internships, Fellowships, and Other Work Experience Opportunities in the Federal Government, updated November 1, 2018

U.S. Trade Policy Functions: Who Does What?CRS In Focus, November 1, 2018

U.S. Foreign Aid to the Palestinians, updated November 2, 2018

The 2020 Decennial Census: Overview and IssuesCRS In Focus, October 31, 2018

Implementation of Treasury’s New Customer Due Diligence Rule: A Step Toward Beneficial Ownership Transparency?CRS In Focus, October 31, 2018

U.S. Ground Forces Robotics and Autonomous Systems (RAS) and Artificial Intelligence (AI): Considerations for Congress, November 1, 2018

publications
See all publications
Government Capacity
Report
Research Agenda: Estimating the U.S. Government’s Return-on-Investment on Scientific Research & Development

The United States federal government invests nearly $150 billion annually in research and development. However, the supporting evidence generates wildly different estimates depending on the methods and available data. 

06.26.26 | 5 min read
read more
Government Capacity
Report
What We Recommend for Building Better Digital Service Teams, Initiatives, and Results

The digital government field has an opportunity to build a more responsive and resilient government by pushing into new frontiers, with new tools, approaches, and even organizations that don’t exist yet. This is the time for radical experimentation, delivery, and exploration.

06.25.26 | 23 min read
read more
Clean Energy
Blog
Fixing a Broken Market: A Plan for Cheaper Freight, Cleaner Air, and American Truck Leadership

Americans are paying too much for almost everything, because the United States has long treated its trucking industry as an artifact to be preserved rather than as an opportunity for innovation.

06.16.26 | 9 min read
read more
Emerging Technology
Report
SOURCE CODE: A Policy Agenda for Fostering Trust and Fairness in AI

These ideas aim to advance the detailed policy solutions needed to foster public trust and implement fairness in the adoption of AI across diverse domains, from healthcare and government benefits to rural access, education, and worker protections.

06.11.26 | 17 min read
read more