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WSJ Opinion: Potomac Watch

Joe Biden's Decline, the 25th Amendment, and the Political Price

WSJ Opinion: Potomac Watch

The Wall Street Journal

Society & Culture, News

42.7K Ratings

🗓️ 21 May 2025

⏱️ 21 minutes

🧾️ Download transcript

Summary

New details about President Biden’s difficulties in office have prompted debate about whether the 25th Amendment could have been invoked to remove him if necessary. But it's doubtful, given the procedure that the Constitution requires. Will Democrats pay a political price for covering for Biden? Plus, his office now says he didn't receive the PSA test for prostate cancer since 2014. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

From the opinion pages of the Wall Street Journal, this is Potomac Watch.

0:08.4

The breaking of the amerta about President Biden's decline in office continues to jolt the political debate,

0:15.2

raising questions about whether the 25th Amendment could have been deployed to remove him from office if necessary,

0:22.2

in what price the Democratic Party might pay for pretending he was fit as a fiddle.

0:27.2

Welcome, I'm Kyle Peterson with the Wall Street Journal.

0:30.7

We're joined today by my colleagues, James Toronto and Barton Swain.

0:35.9

The 25th Amendment, which clarified the Constitution's rules for presidential

0:40.7

succession, was passed by Congress in 1965, two years after the assassination of John F. Kennedy.

0:48.8

One thing that lawmakers were worried about was if a president survived an attack like that

0:53.7

or a stroke but fell into a coma or lost the cognitive capacity to do the job.

1:00.0

Hence, Section 4 of the amendment, which provides a legal bypass when the president is, quote, unable to discharge the powers and duties of his office, unquote. This is catnip for pundits and screenwriters

1:14.4

on shows like the West Wing or 24. But James, you have an op-ed in the journal this week,

1:20.5

arguing that the 25th Amendment is not a very good fit for Joe Biden. How come?

1:25.4

Well, Sections 1 through 3 of the 25th Amendment are fine.

1:28.6

Section four is a contrivance that was developed in anticipation of the possibility that a

1:36.0

president is unable to discharge his office. Congress anticipated the possibility that there might

1:41.2

be a disagreement between the president and his vice president

1:44.9

and cabinet over whether he is unable. So it set up a mechanism for the president to challenge

1:50.1

this determination. So what would happen is the president could be temporarily removed from office

1:55.9

if the vice president and a majority of the cabinet members say that he's unable to perform his duties.

2:03.4

The president could then appeal this, essentially, give notice to Congress that he disputes

2:09.2

this conclusion, and Congress has to vote. And for Congress to uphold the finding of disability

...

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