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Donald Trump: What is the 25th Amendment and what does it have to do with Donald Trump?

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President Trump and Vice President Mike PenceImage source, Getty Images
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President Trump with Vice President Mike Pence: Could Pence trigger the 25th amendment?

You may have heard a lot of talk of "the 25th Amendment" in recent days, but what is it and what does it have to do with President Donald Trump.

Ready for an American history lesson? Ok let's go. Don't worry, we will keep things interesting.

It is basically a law that means President Trump COULD be removed as President, even before Joe Biden takes over in a few days time.

It would be a huge moment and would be the first president to ever be permanently removed from office using the 25th Amendment.

A US history lesson

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This painting depicts the moment in 1787 when Constitution was first signed.

The United States of America has only actually existed for 244 years.

Before it became the US of A, it used to be made up of 13 different colonies which were under full political control of Great Britain,

But on the 4 July 1776, during the Revolutionary War, the colony's leaders signed a document called the Declaration of Independence, which was basically a list of complaints about the King of England, and reasons for wanting to leave the British Empire.

After the document was signed, the idea of the United States was born.

What is the Constitution?

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The original copies of the Declaration of Independence, the Constitution and the Bill of Rights are on display at the National Archives in the capital city, Washington, D. C.

Eleven years or so after independence was declared, the country's most powerful men (mostly wealthy land owners, lawyers and military officials), came together to write a list of laws for American people to live by, known as the Constitution. The Constitution was written in 1787 and ratified - voted on and made law - in 1778.

However, the men, who wrote the original Constitution known as the "Founding Fathers", knew the rules needed to be open to interpretation and flexible enough to be adapted in years to come.

It aimed to guarantee basic rights like the right to elect leaders. However, as expected, some of the laws written into the constitution quickly became out-dated.

It was therefore decided that there was a need for the Constitution to be 'amended'.

What are the Amendments about?

The first 10 amendments were all added in 1791 at the same time. They were known as The Bill of Rights.

The First Amendment is all about freedom - of religion, of speech, of the media, to protest and to ask the government to do things.

The Second Amendment gives Americans the right to bear arms

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Ayshah reports on gun control in America

The Third Amendment was about not having to look after soldiers in your home and the Fourth said you or your home were not allowed to be searched by police or the government without a warrant,

The Fifth Amendment said people have the right to remain silent when being questioned by law enforcement and must be read a list of rights when being arrested, while the Sixth Amendment says everyone should be offered a public trial by jury within a short time frame when accused of a crime.

The Seventh Amendment also relates to criminal trials and the Eighth says criminals should not be treated with cruel behaviour or severe punishment whilst in prison.

The Ninth Amendment says that even though the US Constitution and the Bill of Rights names certain rights, that doesn't mean that people don't have other rights not specifically included in the US Constitution.

And the Tenth Amendment says that the federal government - which includes the President and his or her cabinet, the Houses within Congress and the top courts in the country - does not have overall power. There are some laws and rules that can be made by each State separately. This is why you may be allowed to do something in one state, but not in another.

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An 1865 engraving of US President Abraham Lincoln (centre with tall black hat) in Virginia surrounded by slaves who had just been freed

However, over the years, it was clear these ten amendments and the Bill of Rights didn't go far enough.

For example, women still did not have the right to vote, African Americans were still not considered equal in the eyes of the law, and people had to pay a tax in order to vote which meant only wealthy people had a say in lawmakers. So over the years, more amendments have been added and ratified.

Important amendments include the 13th, which freed all slaves while the 14th Amendment gave those former slaves more rights including the right to equal protection and it helped to abolish segregation in schools.

So what did the 25th Amendment do?

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President Trump's fate could be in his Vice President's hands...

This particular rule was introduced in 1967 and sets out what should happen if the current president either dies or becomes unfit to do his or her job due to mental or physical illness.

It was introduced after President John F Kennedy was shot and killed in 1963.

The law states that the vice-president and a majority of the cabinet are able to declare a president unable to perform his duties.

Why are people talking about the 25th Amendment now?

Image source, Reuters

Well some people are calling saying that the current Vice President - Mike Pence - to use the 25th Amendment to remove Donald trump.

It comes after many politicians have said President Trump dangerously encouraged his supporters to march to the Capitol to protest the recent election result.

The protest turned violent, with many people breaking into the Capitol building, causing a lot of damage. Five people died as a result of the violence.

The events have shocked the world, and many politicians are saying Donald Trump isn't fit to stay in office and should be removed.

Image source, Anadolu Agency
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Trump supporters clashed with law enforcement inside the Capitol building, Washington DC

If Mr Pence and over half of Trump's cabinet sign a letter addressed to the speakers of the Houses of Representatives and the Senate declaring the president unfit to govern or incapable "of discharging the powers and duties of his office", Pence would automatically take over.

Donald Trump would be given the chance to argue against the decision, at which point it falls on Congress to decide.

Any vote in the Senate and House of Representatives ordering the president's removal requires a two-thirds majority - and as most of the Senators are current of the same party as Donald Trump, experts don't think it's likely this would happen.