THREAD re: 25th Amendment
1) It is very disturbing that no serious attempt has been made to educate the general public about how the 25th Amendment actually works. The current proposed "commission" will NOT be able to remove the President.
2) The 25th Amendment provides a mechanism for the Vice President to become Acting President in the event the President is unable to discharge his duties.
3) It is basically our equivalent of the UK's Regency Act that Parliament enacted in the early 1800s after George III went mad. It enabled his son to become Prince Regent, giving him all powers of the King without making him officially King.
4) Similarly, the 25th Amendment provides a procedure to make the Vice President the Acting President--that is, President in all but name--to ensures we never have another situation like Woodrow Wilson's final years where his wife basically became President after he had a stroke.
4) But the procedure to make the Vice President the Acting President is VERY strict, and MULTIPLE things must happen.
5) Per Section 4 of the 25th Amendment, the Vice President can only become Acting President when BOTH the Vice President himself and a majoritry of EITHER the Cabinet OR "of such other body as Congress by law may provide" transmit to the House and Senate (cont)......
5) ...their written declaration that the President is unable to discharge the powers and duties of his office. (cont)
6) Thus, even if a majority of the Cabinet officers, or a majority of a commission established by law, conclude that the President cannot discharge his office, this means NOTHING if the Vice President fails to concur.
7) The current House bill is seeking to establish a "commission" that would displace the Cabinet as the group to vote on whether the President is unable to discharge his office. (cont)
8) But even if that bill were to become law (which it won't), the Constitution would still require the Vice President to concur in the commission's conclusion. The Vice President won't do that.
9) But there's even more to it than that. Even if, somehow, Pence were to conclude with the Cabinet of a commission created by law that Trump can't discharge his office, that would not be the end of it. (cont)
10) The 25th Amdt. also provides that after the VP and Cabinet/Commission transmit their written declaration to Congress, the President may in turn transmit his own written declaration to Congress that he IS, in fact, able to discharge his duties.
11) If the President makes such a counter-statement to Congress, he immediately resumes the office of President, UNLESS, within four days of his counter-statement, the Vice President and Cabinet/Congress make ANOTHER statement to Congress that the President still cannot function.
12) If this happens, then BOTH the House and the Senate have to resolve the matter. If, within 21 days, two-thirds of both houses determine that the President cannot discharge his duties, the Vice President remains Acting President...(cont)
13) But if, after 21 days, two-thirds of both the House and Senate FAIL to conclude the President is unable to discharge his duties, the President resumes full power, and the Vice President ceases to be Acting President.
14) This demonstrates that there is absolutely no possibility that the President will be removed by the 25th Amendment. It is very sad that those who know better are not seeking to educate the public about how this actually works.
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