Cass R. Sunstein, Columnist

Does the 25th Amendment Apply to Trump? Quite Possibly

The U.S. Constitution lays out a process for removing impaired presidents from office. But it doesn’t define impairment.

January 7, 2021 at 10:44 AM EST

By Cass R. Sunstein

Cass R. Sunstein is a former Bloomberg Opinion columnist. He is the author of “The Cost-Benefit Revolution” and a co-author of “Nudge: Improving Decisions About Health, Wealth and Happiness.”

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Photographer: Alex Wong/Getty Images

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In the aftermath of President Donald Trump’s provocation of a riot at the U.S. Capitol, there is fresh discussion of the two avenues for removing a sitting president. The first is impeachment. The second is the 25th Amendment to the U.S. Constitution.

There is no question that Trump’s conduct was an impeachable “high crime and misdemeanor.” The applicability of the 25th Amendment isn’t as obvious.

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