SAN FRANCISCO, Calif. (KRON) -- Never before has the 25th Amendment been used to remove a president from office. When power has been transferred to the vice president, it has been voluntary and temporary.
"There are a couple of instances when George Bush had a colonoscopy and the 25th Amendment was invoked," U.C. Berkeley Law School Dean Erwin Chemerinsky said. "And when President Reagan was shot, it was implicitly invoked but not explicitly."
But the 25th Amendment does allow that transfer of power to take place without the president's say.
"Under the current law, it would take the vice president and the majority of the cabinet," Chemerinsky said. "This would create an alternate the the cabinet but would still involve the vice president."
That alternative, which is outlined in the 25th Amendment, would be a bipartisan commission selected by Congress. Some political experts think it's a wise idea.
"One thing is it takes the heat off the cabinet," Henry Brady said. "You could imagine circumstances where the cabinet could say off the record to this commission you know we are worried about the president could you do something so we don't have to act and be put in this terrible position of getting rid of our boss but you could do it."
U.C. Berkeley political science professor Henry Brady is the dean of Goldman School of Public Policy. He says good idea or not, the votes to create this commission aren't there with a Republican-controlled Senate and President Trump in the White House.
Still, he understands why Speaker Pelosi is proposing this now.
"It's clearly a way to point out there may be a problem here and signal to the American people, do you really want to reflect this person to the presidency," Brady said.
If this proposal goes nowhere as expected, the real question is will it be proposed again next year, depending on who is elected president.
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