General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsYou can forget about the 25th Amendment.
It has to be initiated by the Vice President. The current VP is known to be an obsequious sycophant.
Its more likely that Trump would suddenly become a stable, literate, genius than that Pence would challenge him in any way. Others may think Trump is unfit, but Pence will never go there.
AlexSFCA
(6,139 posts)it is very possible he will. Have you read the book? There isnt a day without discussing the 25th among staff in WH. They keep count. Bannon was very protective of Pence calling him a fallback guy. It doesnt mean Pence will be running in 2020 necessarily, he may still run as VP with Bannon on top of the ticket. Bannon has presidential aspirations now.
milestogo
(16,829 posts)He won't do it.
whathehell
(29,111 posts)well enough to make reliable predictions of his behavior.
WPB_dem
(14 posts)The 25th amendment was passed after Pres. Kennedy was shot and people pondered what would happen if he lived but was completely unable to discharge his duties as president.
The 25 doesn't remove the President it just makes the VP the 'Acting President'.
The President can resume his responsibilities by simply sending a written declaration to the President pro temp of the Senate and the Speaker of the House.
The VP and the Cabinet can challenge the President, however. They have four days to submit another declaration that the President is incapacitated and unable to perform his duties. Congress then has 21 days to decide the issue (if theyre already in session; otherwise they have 48 hours to assemble first). This takes a 2/3 majority in each house, so 290 Representatives and 67 Senators who have to vote in favor of the VP. Incidentally, thats the same number of Senators required to convict in an impeachment trial (hint, hint).
If Congress decides in favor of the President within those 21 days, or makes no decision within that time, the President continues to exercise his duties.
If Congress decides in favor of the Vice President, then the VP continues as acting President.
The President is still the President, however, and may submit another letter indicating he is fit to resume his duties, potentially starting the cycle over again. There is no limit to the number of times the President may do this.
The only legal way to remove a sitting President from office is impeachment and conviction.
Had JFK survived in a vegetative condition the 25th would have made LBJ the Acting President and JFK being incapacitated would not have been able to submit the written declaration.
We need to focus on getting candidates lined up to challenge every office on the ballot, getting people registered, getting ID's for people were needed and spending our time money wisely.
Far too much time, energy, and money was spend on fool's errands (recounts, getting elector's to change their vote)
milestogo
(16,829 posts)The Cabinet alone cannot. If Pence is not willing to say that Trump cannot carry out the duties of his office, this method cannot be used.
Pence would go along if Trump were in a coma, but not because he's losing his mind.
Hoyt
(54,770 posts)while Pence is Acting Prez.
I agree that far too much effort is being expended with this junk. We'll be voting and could take the House in 10 months. That's the best way to fight Trump and GOPers at this point.
standingtall
(2,787 posts)it is a total fantasy that ever happens. A partisan republican cabinet is not going to remove their president for any reason. The best chance to remove Trump before 2020 is to impeach and convict in the Senate and the odds of 67 Senators voting to remove him are long.
MLAA
(17,375 posts)He would go for 25th if the rest of the cabinet was willing.
no_hypocrisy
(46,313 posts)If Trump stays in power and is re-elected, that's eight years. Pence likely plans to run after Trump, and that's another eight years.
If Trump is removed by his cabinet, Pence gets the remainder of the term to 2021, unless elected in his own right.
So instead of 16 years, the republicans at the least would get 12 years, perhaps only 4, if Trump were removed at this time.
And there's no constitutional provision to make them remove him. Not even a writ of mandamus.