- The 25th Amendment to the Constitution was ratified in 1967 to create a clearer understanding of what happens in the case of presidential vacancy or disability.
- The 25th Amendment offers an alternative route to impeachment for institutions of government to deal with a “problem presidency,” whether that problem is misconduct or whether the president, for sickness or another reason, is no longer able to execute the duties of the office.
- Section IV of the 25th Amendment gives the Congress and the vice president and Cabinet the ability to effectively remove the powers from the president of the United States.
- The amendment is meant to preserve the integrity of the office and the continuity of government.
Section IV of the 25th Amendment was put into place for really dire circumstances. Congress has always had the power to impeach and remove a president, but there was a belief that in the case of presidential incapacity (due to illness, etc.), it would be in poor taste to impeach a president. - Impeachment is supposed to occur in the event of high crimes and misdemeanors. It leaves a black mark on a presidency that in theory could be a perfectly functional presidency until illness strikes.
- The 25th Amendment is a complicated process for several reasons:
- It begins with the vice president and a majority of the members of the Cabinet, notifying the Congress that the president is no longer capable of performing his duties. At that moment, the power of the presidency is transferred from the president to the vice president, who then becomes acting president.
- From there, the president can convey to Congress that he is capable of performing his duties. Unless the vice president and a majority of the Cabinet once again notify Congress that the incapacity remains, the president gets his powers back.
- If the vice president and Cabinet communicate subsequently to Congress that the incapacity remains, then Congress makes the decision. The House and the Senate convene and they must vote by a 2/3 vote of both parties to permanently strip the powers of the presidency away from the president and transfer them to the vice president.
- The 25th Amendment is a multi-part amendment to the Constitution. It has been invoked on multiple occasions. Typically, when a president is enduring a medical procedure during which he has to be anesthetized or sedated in some way, he’ll notify Congress that he is temporarily transferring power to the vice president who for that period of time serves as acting president.
- President Clinton, President Bush, and others invoked the 25th Amendment during medical procedures. However, Section IV of the 25th Amendment—where power is taken from the president by the choice of the vice president and the Cabinet—hasn’t been invoked since the constitutional amendment was ratified in 1967.
- In the contemporary context, there’s a bit of a misunderstanding between the power of the 25th Amendment and the reality of using it in practice.
- Yes, the Congress, the vice president, and the Cabinet can use the 25th Amendment to take power away from the president, but institutionally it is actually harder to use the 25th Amendment to remove presidential power, than it is to impeach a president.
- Impeachment requires a simple majority in the House and a 2/3 majority in the Senate. Under the 25th Amendment, permanent removal of those powers requires a 2/3 vote in both houses. For that reason, Section IV is truly reserved for unique and dire circumstances facing the office of the president of the United States. (Bloomberg)
In other words: It ain't going to happen. For starters, there is no majority opinion within the Trump Cabinet for this action and that is the very place the beginning of the 25th must start ~ editor
CNN reports McMaster and White House Counsel Don McGahn will be resigning along with a host of other Trump staff. An unprecedented abandonment as another Trump Russia bombshell approaches.
ReplyDeleteIt's coming ...
People resign all the time. So what?
DeleteTrump's own ambassador to Russia, Huntsman is now admitting that Russia interfered in the election and is warning them not to do it again, despite the "witch hunt" BS being pushed by Trump. WH lawyer McGahn is said to be resigning and has likely flipped on Trump as he knows he's implicated.
ReplyDeleteTrump is in serious trouble. He's about to be interviewed by Mueller who already has the goods on Trump. If Trump lies, which is second nature for him, he'll be committing a felony. If he pleads the 5th, it will look like he's hiding. If he refuses to meet, he'll be subpoenaed by Mueller and be forced to appear without a lawyer before a grand jury. If Trump is extremely lucky, he'll only be charged with obstruction. That is his best case scenario.
It's coming...
No interview will take place. Huntsman admits the obvious. McGahn did not flip.
Delete“Given the state of the obstruction evidence, if POTUS refuses an interview, Mueller WILL file charges either criminally or more likely with Congress.”
Delete-- Norm Eisen, a Senior Fellow at the Brookings Institution
Mueller has added Ryan Dicky to his team, the cyber crimes specialist prosecutor that out Guccifer behind bars for 4 yrs in federal prison.
It's coming...
Nothing is coming. There is no "obstruction" and you know it. Comey's firing was prescribed by Rosenstein, not Trump. It was Trump's sole prerogative to fire Comey. No obstruction there. Trump has been fully cooperative with the investigation. No cover-up there except in the Hillary Camp.
DeleteMueller will not file charges. Why? Lack of evidence. Trump would be out of his mind to interview the Mueller, except to same rules Hillary "interviwed." No oath, no notes, Mueller like Comey in another part of the country. Fair is fair.