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highplainsdem

(59,377 posts)
16. First of all, it's unlikely you'd find even "a few people" in the Cabinet to agree to remove Trump,
Sun Jan 14, 2018, 11:15 AM
Jan 2018

let alone get Pence to agree with them, unless Trump has a complete mental breakdown on live TV.

Second of all, even if those few people used that part of the 25th Amendment, the amendment allows Trump to challenge that, and after that challenge, it requires a 2/3 majority of BOTH houses of Congress to keep him from resuming the presidency.

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 UNLESS Pence and a majority of the Cabinet try to use the 25th Amendment and Trump goes along with it, you do have a higher Constitutional hurdle to clear.

The 25th Amendment is primarily useful for removing a president incapacitated by illness and too ill to challenge the people who say he's unfit.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Until they start talking about invoking the 25th I don't care. Voltaire2 Jan 2018 #1
Impeachment is much more likely than invoking the 25th: highplainsdem Jan 2018 #7
Impeachment is much less likely. Not only does it require retaking congress, Voltaire2 Jan 2018 #9
The opposite is true deancr Jan 2018 #14
Trump could rape a toddler on national television. Dave Starsky Jan 2018 #15
First of all, it's unlikely you'd find even "a few people" in the Cabinet to agree to remove Trump, highplainsdem Jan 2018 #16
Best bet: Force him to resign ThoughtCriminal Jan 2018 #21
Good idea. MBS Jan 2018 #23
Take away his T.V. privileges and his little twittly thing. erronis Jan 2018 #27
Pointless fantasy tropes like that make us look ignorant. procon Jan 2018 #13
Impeachment needs an even larger majority. Voltaire2 Jan 2018 #33
It won't happen. Flake is still a Republican, his wealth and future sucesses procon Jan 2018 #34
Easy to speak out when not running for re-election. Funtatlaguy Jan 2018 #2
++++ Seems to be all too common. pangaia Jan 2018 #20
Sometime this week - will keep any eye out - thanks, dem. nt Leghorn21 Jan 2018 #3
Eff you Iliyah Jan 2018 #4
Are you referring to the OP or the subject of the OP? You might want to clarify. Hekate Jan 2018 #35
Won't RUMP take that Liberalagogo Jan 2018 #5
Flake isn't "one of Trump's fiercest Republican critics", he's the ONLY sinkingfeeling Jan 2018 #6
He's no critic at all. He's still a reliable vote for all trump legislation. PSPS Jan 2018 #11
I'm waiting for his Lindsey Graham moment. Dave Starsky Jan 2018 #19
People need to decide - Would you rather have a repuke who occasionally shines Laura PourMeADrink Jan 2018 #24
+1 Hekate Jan 2018 #36
He's kinda all over the place, cilla4progress Jan 2018 #8
He's doing this because he's planning to run for something else not fooled Jan 2018 #10
He needs attention. No journalists or papers or news agencies should go to his stupid notdarkyet Jan 2018 #12
Flake should get a giant flipflop flibbitygiblets Jan 2018 #29
This is the same Jeff Flake SHRED Jan 2018 #17
That makes this speech all the stronger, IMO. Honeycombe8 Jan 2018 #30
Be grateful for what you are given bucolic_frolic Jan 2018 #18
Need more dems to do similarly. triron Jan 2018 #22
And then proceed to vote for just about every fascist bill Cheeto supports. sandensea Jan 2018 #25
Same flake who gave us the tax scam and voted to kill Obamacare dalton99a Jan 2018 #26
Wow. Powerful, to the point. And by a Republican, no less! nt Honeycombe8 Jan 2018 #28
Agreed. Its important to recognize when a Republican is doing something patriotic... D23MIURG23 Jan 2018 #31
Arizona media should follow up with questions to McSally on this. bronxiteforever Jan 2018 #32
Good for Flake. I hope a few others are empowered to speak out, or simply wake up. nt Hekate Jan 2018 #37
This is important.. I'm with you on this, hpd. Cha Jan 2018 #38
GOP Blah Blah Blah.......S**hole...Blah....Blah derick38 Jan 2018 #39
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