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How has 25A not been invoked yet? (Original Post)
brokephibroke
Mar 2020
OP
C_U_L8R
(45,003 posts)1. How many lives are lost every time he tweets?
A real President would be hard at work, doing her job.
Brainfodder
(6,423 posts)2. The one where his installed buffoons remove the main buffoon, that one?
brokephibroke
(1,883 posts)4. I would hope enough of them still care
About America. Pence could step up and lead a coup.
treestar
(82,383 posts)3. I think it requires the cabinet and Pence
to invoke it? They agree with how Dotard is going - they don't want to help the states.
Initech
(100,080 posts)5. No, Chump, we should be blaimng *YOU* for this!
We'd be back to normal by now if you hadn't shut down the pandemic response team.
Cicada
(4,533 posts)6. If Trump disagrees it requires a super majority Senate vote. Won't happen.
25th amendment is pointless.
Dukkha
(7,341 posts)7. Twitter needs and emergency shutdown.
To stop spreading this shit once and for all.
melm00se
(4,993 posts)8. I really wish people would stop
invoking the 25th Amendment without carefully reading it.
In that vein, lets look at section 4 of 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.
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.
So the process is:
1) the VP and "majority of either the principal officers of the executive departments" have to concur that the President is unable to discharge his duties.
2) They then notify, in writing, the President pro tempore of the Senate and the Speaker of the House of Representatives.
3) VP then becomes the President.
(this is where most people stop reading or comprehending)
4) The President can notify the President pro tempore of the Senate and the Speaker of the House of Representatives, again in writing, that there is no inability. The President, once again, is President unless:
5) The VP et. al. disagree, they once again notify the President pro tempore of the Senate and the Speaker of the House of Representatives.
6) If that happens, Congress convenes within 48 hours (if not already in session) and has 21 days to settle the matter. To remove the President, it takes 2/3 of both Houses to remove the President.
Note that "2/3 of both Houses". This is a higher bar than impeachment. Neither the House or the Senate came anywhere near that "2/3 of both Houses" in the recent impeachment and trial. What makes you think that they would vote for a Section 4 removal?
The checks and balances in the 25th Amendment, section 4 was to prevent a banana republic style coup d'etat from taking place.
The 25th Amendment was designed to address situations like:
- Woodrow Wilson. His wife (an unelected person) basically ran the country while Wilson was incapacitated from October 1919 to the end of Wilson's term.
- The possibility that had JFK survived (albeit as a vegetable) his wound.
Article II, section 6 wasn't really clear and decisive, the only option left available was impeachment but impeachment requires "high crimes and misdemeanors" nether of which is covered by disability.
brokephibroke
(1,883 posts)9. Thanks.
But there is a point when enough people in the cabinet and the Senate need to put America first.