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Article XXV

 

This article exists because the Constitution provides mechanisms for impeachment and presidential disability, but it offers no clear process for responding to a situation in which a President poses an immediate threat to the constitutional order while those existing mechanisms may be too slow, uncertain, or politically deadlocked to act in time. 


This article creates a narrowly tailored emergency safeguard that allows presidential authority to be temporarily suspended when Congress and the Supreme Court determine that clear and convincing evidence shows an extraordinary threat to the nation, the Constitution, or democratic self-government. The suspension is temporary, subject to strict procedural safeguards, judicial review, and subsequent congressional action, and cannot be used to settle political disagreements or policy disputes. By providing a constitutional emergency brake on executive power, the article seeks to protect the Republic while preserving continuity of government and democratic accountability.

  

ARTICLE XXV — TEMPORARY SUSPENSION OF EXECUTIVE AUTHORITY


Section 1 — Emergency Suspension of Presidential Authority

When the President poses an immediate and extraordinary threat to constitutional government, democratic self-government, the constitutional rights of the People, or the survival and security of the Nation, the exercise of presidential authority may be temporarily suspended pursuant to this Article.


The purpose of such suspension shall be the prevention of imminent constitutional or national harm and not the punishment, removal, or permanent disqualification of the President.


The provisions of this Article shall be interpreted consistent with these principles.

  

Section 2 — Initiation of Emergency Suspension

Emergency suspension proceedings may be initiated only through the adoption of a Resolution of Temporary Suspension of Executive Authority.


Such resolution shall state with particularity the factual basis for the proceeding and the specific actions, circumstances, or conditions alleged to constitute an immediate and extraordinary threat to constitutional government, democratic self-government, the constitutional rights of the People, or the survival and security of the Nation.


A Resolution of Temporary Suspension of Executive Authority may be adopted by either:

  1. A majority vote of Congress assembled in joint session together with the written concurrence of the Vice President; or
  2. A two-thirds vote of Congress assembled in joint session.

Upon adoption of such resolution, the matter shall immediately be transmitted to the Supreme Court of the United States for expedited review.

  

  

Section 3 — Judicial Determination

Upon receipt of a suspension proceeding initiated pursuant to Section 2, the Supreme Court shall immediately undertake expedited review.


The Court shall determine whether clear and convincing evidence establishes that the President poses an immediate and extraordinary threat to constitutional government, democratic self-government, the constitutional rights of the People, or the survival and security of the Nation.


The Court's review shall be limited to the existence of such threat and shall not extend to disagreements concerning policy, ideology, political judgment, or the ordinary exercise of presidential discretion.


The Court shall issue its decision without delay and shall provide a written statement of its constitutional findings.

  

Section 4 — Effect of Judicial Determination

Upon a determination sustaining the suspension pursuant to Section 3, the powers and duties of the Office of President shall be immediately suspended.


During such suspension, the Vice President shall assume the powers and duties of the Office as Acting President and shall take all reasonable and necessary actions consistent with this Constitution to mitigate, terminate, and remedy the conditions giving rise to the suspension.


Any exercise of presidential authority by a suspended President shall be without legal force or effect.


Congress shall provide by law for the orderly administration and execution of suspensions authorized pursuant to this Article.

  

Section 5 — Subsequent Congressional Proceedings

Following a suspension sustained pursuant to this Article, the House of Representatives shall immediately commence an inquiry into the conduct, actions, or circumstances giving rise to the suspension.


Such inquiry shall determine whether impeachment, removal, restoration of presidential authority, or other constitutional action is warranted.


Congress shall provide by law for procedures reasonably necessary to implement this Section.

  

Section 6 — Successive Suspension and Continuity of Government

The provisions of this Article shall apply to any officer exercising the powers and duties of the Office of President.


If an officer serving as President or Acting President is suspended pursuant to this Article, the powers and duties of the Office shall immediately devolve upon the next officer entitled to act as President under the Constitution and laws of the United States.


In proceedings involving an officer exercising the powers and duties of the Office of President pursuant to this Article, the concurrence requirement established in Section 2 shall not apply.


Such proceedings may be initiated only by a majority vote of Congress assembled in joint session and shall remain subject to expedited review by the Supreme Court pursuant to Section 3.

The continuity of constitutional government shall be preserved throughout any suspension authorized by this Article.

  

Section 7 — Rule of Construction

The authority established by this Article is an extraordinary constitutional safeguard and shall be exercised only in response to an immediate and extraordinary threat to constitutional government, democratic self-government, the constitutional rights of the People, or the survival and security of the Nation.


Nothing in this Article shall be construed to authorize suspension on the basis of policy disagreements, ideological differences, political disputes, unpopular decisions, or the ordinary exercise of presidential authority.


A suspension authorized pursuant to this Article shall not constitute impeachment, removal, conviction, or disqualification and shall not prejudice the outcome of any subsequent constitutional proceedings.


This Article shall be interpreted to preserve continuity of constitutional government while preventing the exercise of presidential authority by any individual who poses an immediate and extraordinary threat to the constitutional order.

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