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Can the President Quit His Job?

By , Money Morning •

can the president quit
U.S. President-elect Donald Trump

Can the president quit his day job?

It's a question worth asking right now considering just a few months ago, GOP President-elect Donald Trump said he'd consider doing as much if elected.

Trump, "smiling mischievously," according to The New York Times on July 7, responded to reporter questions by saying, "I'll let you know how I feel about it after it happens."

As a matter of law, a U.S. president can in fact quit his office if he so chooses...

Can the President Quit His Job? Yes

The 25th Amendment of the U.S. Constitution

Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

While it's unlikely that Trump, or any president for that matter, would quit his job -- he can.

The U.S. Constitution stipulates no reasons why he couldn't.

The 25th Amendment deals with the specific procedures following a president's resignation. However, the amendment does not stipulate particular grounds for resignation.

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In fact, Donald Trump could step aside right now and "quit the presidency" before he's even sworn into office.

Here's what would happen if Trump did just that...

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The 45th President of the United States: Mike Pence

We have a constitutional amendment for this one, too - the 20th Amendment.

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It states: "If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified."

In that case, Trump could effectively "deem himself unqualified" and "choose" Pence to take over after voters have elected him to office (which they have).

Now, the most likely scenario -- and one with historic precedent -- that'd prompt a presidential resignation is the threat of impeachment.

Can the President Quit Before He's Impeached?

The short answer: Absolutely.

Quick reminder: Impeachment is a political process that involves the recommendation of removing an active politician from office. It's up to Congress to make this recommendation and to determine whether the politician committed any impeachable offenses while in office.

That last part is important - because a politician cannot be impeached from his or her position for violations that occurred before or after taking office. That's why it would have been impossible to impeach Democratic presidential candidate Hillary Clinton over her use of a private email server should she have won the 2016 presidential election. The alleged offenses she'd committed had occurred while she was secretary of state - not while in the White House.

The same goes for Donald Trump - he could not be impeached once he resumes office for an offense allegedly committed before becoming president.

However, he could, after some time, be impeached for purportedly committing an offense while in office. And if that were the case, he could also then willingly resign.

This has been done by one president in the past...

When "Tricky Dick" Nixon Said "I'm Out"

Former President Richard Nixon resigned from office of his own volition on Aug. 9, 1974. He’d been linked to the Watergate scandal that involved two prowlers breaking into the DNC’s headquarters two years prior in an attempt to wiretap their phones.

can the president quit
Former President Richard Nixon announces the release of edited transcripts of the Watergate tapes, April 29, 1974.

Impeachment was on the table for Nixon. By resigning, "Slick Rick" avoided an official congressional trial.

Vice President Gerald Ford immediately assumed the presidency (side note: Ford actually became vice president after Nixon's original VP, Spiro Agnew, resigned on Oct. 10, 1973, for tax evasion).

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On Sept. 16, 1974, just a bit more than a month after stepping up, Ford granted Nixon a blanket pardon on all possible offenses committed by Nixon. This allowed Nixon to avoid any future criminal trials linked to the Watergate affair.

Ultimately, Nixon's resignation occurred as a last resort. He would have almost certainly been impeached by Congress had he remained in office.

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