Joe Biden’s presidency is hanging by a thread, and it’s not just Republicans calling for his resignation. After a disastrous debate performance, even Democrats are eyeing the nuclear option to fix the Biden problem: the 25th Amendment.

Biden’s cognitive decline is no longer a right-wing talking point; it’s a bipartisan concern. If Democrats want to replace him on the 2024 ticket, they need to invoke the 25th Amendment, not just push him aside as a candidate.

The 25th Amendment: The Democrats’ Dilemma

Democrats can’t have it both ways. They want to ditch Biden as the nominee but keep him as President. That’s not how it works. If Biden is too incapacitated to run for re-election, he can’t remain President either.

Primary voters chose him, and the only legitimate reason to overturn their decision is if Biden is constitutionally unable to serve. If that’s the case, the 25th Amendment is the only path forward.

Trivia Question: What year was the 25th Amendment ratified? Answer at the end of the article.

The Federalist highlights the urgency of the situation. Pressure is mounting from within the Democratic Party to replace Biden. But to do that, they need to use the 25th Amendment.

Anything else would be an attempted coup. Democrats are in a bind. They need to act fast, but any move to invoke the 25th Amendment would be a lengthy and tumultuous process.

The 25th Amendment: A Double-Edged Sword

From The Federalist:
Pressure to step aside as nominee continues to mount against President Joe Biden from members of his own party following a disastrous debate performance that put Biden’s cognitive decline on full display. But if Democrats want to get rid of Biden as nominee, they need to use the 25th Amendment. Anything else is an attempted coup…

Democrats want to have their cake and eat it too, by getting rid of Biden the nominee but keeping Biden the current president. But that’s not how it works…

But if Biden is so incapacitated he can’t be the nominee, he certainly cannot remain president for the next six months. Whether Biden is Democrats’ best bet or not, primary voters already chose him. The only acceptable excuse for rejecting those voters’ decision is if Biden is constitutionally unable to serve as president. And if that is the case, Democrats had better be prepared to invoke the 25th Amendment.

Invoking the 25th Amendment is a drastic measure. It requires the Vice President and a majority of the Cabinet to declare the President unfit.

If Biden disputes the decision, it would take a two-thirds vote in both the House and Senate to remove him from office. This process would create chaos within the Democratic Party and distract from their 2024 campaign efforts.

From The Los Angeles Times adds more context:
The most perilous choice would be using Section 4 of the amendment, in which Harris and a majority of Biden’s Cabinet could seek to involuntarily remove him from the White House by informing Senate and House leaders that he is “unable to discharge the powers and duties of his office.” If such a move were successful, Harris would become acting president. But Biden could refute the charge and argue that “no inability exists.”

If Harris and the Cabinet or another body, “as Congress may by law provide,” did not relent, the matter would be settled by two-thirds votes in the House and Senate. Such an action would take time, which Democrats are lacking as November ticks closer. Congress would have 21 days to investigate and determine whether Biden was fit for office, potentially leading to weeks of turmoil and conflict among Democrats over a candidate.

Democrats’ Urgency and the Clock Ticking

Democrats are running out of time. The election is looming, and any move to invoke the 25th Amendment would need to happen soon. The longer they wait, the harder it becomes to replace Biden without causing massive disruption. The party is divided, with some members pushing for a new nominee while others remain loyal to Biden.

And while Trump is remaining mum on the subject, his surrogates, including his new VP J.D. Vance, are hammering this point home. If Biden is not fit to run for a 2nd term, he is not fit to serve for the next 6 months during the least stable times of the Presidency.

The Political Fallout

The political fallout from invoking the 25th Amendment would be enormous. It would signal that the Democratic Party is in disarray and undermine their chances in the upcoming election. However, continuing with Biden as their nominee also poses significant risks. His cognitive decline is becoming increasingly apparent, and voters are losing confidence in his ability to lead.

In conclusion, Democrats are in a tough spot. They need to act fast if they want to replace Biden, but the 25th Amendment is a double-edged sword. It could solve their problem but also create new ones. The clock is ticking, and the party must make a decision soon.

Key Takeaways:

• Democrats are considering using the 25th Amendment to remove Biden.
• The process would be lengthy and tumultuous, potentially leading to chaos within the party.
• The political fallout from such a move could be enormous, but continuing with Biden also poses significant risks.

Answer to Trivia Question: The 25th Amendment was ratified in 1967.

Sources: The Federalist, The Los Angeles Times