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President Trump and the 25th Amendment

Updated on September 7, 2018

It seems not only are the Democrats wanting to find a way to remove President Trump from office, but also both within the WH and among Republicans, are seeking a method to remove this President.

Other than impeachment, which most believe will not happen, the 25th Amendment is often discussed and talked about on both sides of the political spectrum. This Amendment has four sections and the first three are simply not going to happen. It is Section 4 that has ANY chance (barring an assassination) that could be invoked to remove the current POTUS.

In short, if Trump does not have the psychological ability to be President, if the overwhelming opinion of the Vice President and of officials confirmed by the Senate (a majority of the Cabinet), only then, would Trump be declared unfit to execute his duties. In this case, our new president would be Pence. But Trump could and would challenge this in writing and within four days the Cabinet must reaffirm or not the incapacity of Trump. If reaffirmed that Trump is unfit, then Congress would have to vote and a two-thirds vote in favor would remove Trump as President, otherwise, Trump remains in office.

A BIG however is that most legal scholars say that unpopularity, incompetence, poor judgment, and laziness do not constitute an inability within the meaning of the amendment. These last four reasons ARE the most common excuses why some are talking about removing Trump using the 25th Amendment. So, if the reason cited is because of Trump's "inability" to be President, it would seem the whole issue is moot.

Or is It?

If Cabinet members vote to declare Trump unfit but the VP does not concur, but the Speaker of the House sides with the Cabinet, is that enough to force Congress to vote? Even the best scenario is really a non-starter because if "inability" equals to unpopular, poor judgement, then its DOA. Assuming even this remote scenario occurs, would a Republican controlled Senate and House vote to remove him? Of course, the Democrats will vote to but they are currently a minority.

As of now, if the 25th Amendment is going to be invoked to remove Trump, it might have a better chance once the Democrats control the House and Senate, which means after the November elections. Even then, it would have to start with Trump's Cabinet, which of course, they are not inclined to do.

Give this one to Trump for now unless he makes some serious mistakes as time goes on.


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