A lot of the power as to whether Donald Trump is removed from office lies with US vice-president Mike Pence. Picture: AP/BLOOMBERG/J SCOTT APPLEWHITE
There are two ways to remove a president from office: the 25th Amendment of the US constitution and impeachment followed by a Senate conviction. In either scenario, vice-president Mike Pence would take over until Biden’s inauguration. The drafters of the 25th amendment clearly intended for it to apply when a president is incapacitated by a physical or mental illness, experts say. Some scholars have also argued it could also apply more broadly to a president who is dangerously unfit for office.
A two-thirds majority of both chambers would be needed to keep Trump sidelined. But the Democrat-controlled House could simply delay voting on the substantive dispute until Trump's term ends, said Paul Campos, a professor of constitutional law at the University of Colorado. If a simple majority of the House’s 435 members approves bringing charges, known as “articles of impeachment”, the process moves to the Senate, the upper chamber, which holds a trial to determine the president’s guilt. The constitution requires a two-thirds vote of the Senate to convict and remove a president.
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