What Happens If Biden Resigns? Ben Shapiro’s Latest ‘Facts’ Episode Highlights Importance Of The 25th Amendment

On his latest episode of “Facts,” Daily Wire Editor Emeritus Ben Shapiro analyzed President Joe Biden’s abrupt ending to his campaign last month and how it raises further questions about his fitness to serve and the potential invocation of the 25th Amendment.

Biden has maintained that he still has the fitness to serve as president despite announcing via social media on July 21 that he was ending his re-election campaign. Shapiro laid out what would happen if those around Biden disagreed with his assessment of his mental and physical capabilities, or “if he falls ill, or God forbid, falls into a coma.” 

“The need for a clear line of presidential succession became evident early in American history. The original constitution was vague at best about what would happen if the president died, resigned, or became incapacitated,” Shapiro said. This ambiguity was first tested in 1841 when President William Henry Harrison died just a month into his term. Vice President John Tyler boldly declared himself the new president. Setting a precedent known as the Tyler Precedent.” 

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Throughout history, presidents have faced health scares on multiple occasions, including in 1919 when President Woodrow Wilson was incapacitated due to a stroke. Wilson’s wife and doctor hid his health condition from the public, “effectively leaving the nation without a functioning president,” Shapiro noted. 

“The need for a formal process became even more urgent during the Cold War era, particularly after President Dwight Eisenhower suffered a heart attack and a stroke in the 1950s. Eisenhower, made informal arrangements with Vice President Richard Nixon, but these were not legally binding,” the Daily Wire host said. 

The assassination of President John F. Kennedy in 1963 forced Congress to act and led to the ratification of the 25th Amendment in 1967.

“The 25th Amendment has four sections. Section one: If the president dies, resigns, or is removed from office, the Vice President becomes the president,” Shapiro said. “Section two: If there’s a vacancy in the vice presidency, the president nominates a new vice president, who must be confirmed by a majority vote of both houses of Congress. 

“Section three: The president can voluntarily transfer power to the Vice President by notifying both the Senate and the House. The Vice President becomes the acting president until the president declares that he or she is able to resume his or her duties,” he added. “Section four: The Vice President and a majority of the cabinet can declare the president unable to discharge his or her duties, making the Vice president the acting president. The president can challenge this declaration. Congress must decide the issue with the two-thirds vote within 21 days.” 

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The 25th Amendment has been invoked multiple times since its ratification — first in 1973 after Vice President Spiro Agnew resigned and section two of the amendment was invoked to allow President Richard Nixon to nominate Gerald Ford to fill the vice presidency. President Ronald Reagan invoked section three of the 25th Amendment in 1985 when he underwent surgery, transferring presidential powers to Vice President George H.W. Bush. 

“Reagan’s willingness to invoke the amendment underscored its importance in addressing issues of presidential incapacity, even for short durations,” Shapiro said. “And the smooth transition back to Reagan’s administration after his recovery demonstrated the amendment’s efficacy in maintaining stability and continuity in the executive branch.”

President George W. Bush similarly invoked section three of the 25th Amendment during procedures in 2002 and 2007. 

“Let’s say that Joe Biden becomes incapacitated, suddenly he falls into a coma and is unable to communicate his inability to govern. This is where section four of the 25th amendment comes into play,” said Shapiro.

“Right now, should Kamala Harris invoke the 25th amendment? Well, it doesn’t appear that Joe Biden is with it. So it’s an open question,” he added. “No matter what happens, the 25th Amendment ensures the executive branch can maintain continuous and effective leadership even in the face of presidential incapacitation, whether through a voluntary or involuntary transfer of power.”