> either through impeachment or the succession process set forth in the Twenty-Fifth Amendment
The succession process applies. When a person is removed due to a judicial determination that a person fails to meet Constitutional requirements this creates a vacancy in the office.
Judge Carter’s point was that there has never been such a judicial determination for a sitting president and he believes that its unlikely that there ever will be due to separation of powers. Such a determination of ineligibility is “the province of Congress.”
I don’t see two-thirds of the House or the Senate agreeing that Barack Obama would be unfit to resume his duties as President and thereby making Joe Biden acting President. Its really hard to get to 2/3rds.
The 25th Amendment 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.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days 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. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.”