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In reply to the discussion: Flake to denounce Trump media attacks as Stalinist in Senate speech [View all]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,
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.
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.
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Flake to denounce Trump media attacks as Stalinist in Senate speech [View all]
highplainsdem
Jan 2018
OP
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
Are you referring to the OP or the subject of the OP? You might want to clarify.
Hekate
Jan 2018
#35
People need to decide - Would you rather have a repuke who occasionally shines
Laura PourMeADrink
Jan 2018
#24
He needs attention. No journalists or papers or news agencies should go to his stupid
notdarkyet
Jan 2018
#12
Agreed. Its important to recognize when a Republican is doing something patriotic...
D23MIURG23
Jan 2018
#31