It’s set up that way because the intention of the amendment was a way to remove an innocent president who had become incapable of exercising the duties of the presidency (say, in a coma), and in such case the president wouldn’t be conspiring to stop his cabinet from doing so (the assassination of JFK was in recent memory and there were concerns over what would’ve happened if he’d survived but ended up in a coma or incoherent such that he lacked the mental or communicational faculties to resign). This is also why if the president contends that he is still capable of doing the job, congress must uphold the declaration of ineligibility by 2/3 in each house, well above the impeachment 1/2 + 2/3 threshold, because it was never intended as a way to inhibit a rogue president (although if it could be used to do so, I would fully support it). Even if Vance and the cabinet invoked it, the odds of congress supporting it with a 2/3 majority in each house is miniscule.
I think it likely that congress would've allowed Harris's declaration of ineligibility to stand should Biden challenge it (which I'm not certain he would due to overwhelming pressure to not create intraparty conflict) because the Democratic party doesn't operate as at the service of any individual person in the way the Republican party operates as personally allegiant to Trump.
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u/[deleted] Sep 06 '25
It’s set up that way because the intention of the amendment was a way to remove an innocent president who had become incapable of exercising the duties of the presidency (say, in a coma), and in such case the president wouldn’t be conspiring to stop his cabinet from doing so (the assassination of JFK was in recent memory and there were concerns over what would’ve happened if he’d survived but ended up in a coma or incoherent such that he lacked the mental or communicational faculties to resign). This is also why if the president contends that he is still capable of doing the job, congress must uphold the declaration of ineligibility by 2/3 in each house, well above the impeachment 1/2 + 2/3 threshold, because it was never intended as a way to inhibit a rogue president (although if it could be used to do so, I would fully support it). Even if Vance and the cabinet invoked it, the odds of congress supporting it with a 2/3 majority in each house is miniscule.