UC expert explains 25th Amendment

WVXU's Cincinnati Edition turned to a University of Cincinnati political science professor to explain how the 25th Amendment to the Constitution has been invoked and what doing so entails.

UC College of Arts and Sciences Professor David Niven said the 25th Amendment has had a profound beneficial impact on federal governance.

Niven teaches American politics and conducts research on political campaigns, gerrymandering, political communication and other issues in UC's School of Public and International Affairs.

The 25th Amendment proposed by Congress was ratified by the requisite number of state Legislatures in 1967. It stipulates that the vice president assumes the presidency upon the death, resignation or removal of the president.

It allows for the voluntary transfer of power when the president is incapacitated as happened when former President Joe Biden twice submitted letters to Congress temporarily transferring power when he underwent surgery. Former Presidents George W. Bush and Ronald Reagan likewise transferred power temporarily under the 25th Amendment for medical reasons.

The 25th Amendment outlines vice presidential succession if the vice president assumes the duties of president. The amendment also allows the vice president to invoke the 25th Amendment to remove the president involuntarily, which requires a majority concurrence by the president's cabinet. But the president can appeal to Congress, in which case both houses of Congress would have to approve removal with a two-thirds majority vote or the president would remain in office.

Niven was joined on the program by John Bickers, a professor of law at Northern Kentucky University's Chase College of Law.

Niven said the only person who can invoke the 25th Amendment to remove a president involuntarily is the vice president.

"If the vice president says there's no problem then under the 25th Amendment there's no problem," Niven said. "It begins with the vice president."

But Niven said the 25th Amendment has been hugely influential in spelling out presidential and vice presidential succession and allowing for the temporary transfer of power.

"It's done some remarkable good for the country. Those are real triumphs," he said.

Listen to the Cincinnati Edition podcast.

Featured image at top: UC Professor David Niven teaches American politics in UC's School of Public and International Affairs. Photo/Andrew Higley/UC

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