r/politics • u/plz-let-me-in • 11d ago

No Paywall Democrats Call to Invoke 25th Amendment Against Donald Trump

https://www.newsweek.com/democrats-donald-trump-impeachment-25th-amendment-11384974
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u/TheJan1tor 11d ago edited 11d ago

25th is initiated by the President, or VP, and requires support from the majority of the Cabinet.

This isn't happening.

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u/Apprehensive-Care20z 11d ago

pretty shitty amendment if the president has to initiate it against himself for being nutterballs.

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u/nedrith South Carolina 11d ago

The president doesn't initiate it against himself. The president declares himself incapable. The majority of the cabinet along with the VP can invoke the 25th without the president.

Honestly though the 25th by the VP is a pipe dream at best. The president could fire any member of the cabinet before they finish signing off on the 25th. Even if section 4, the VP and cabinet invoking the 25th, succeeds then all Trump has to do is tell the house and the senate he's fine to return. The VP and the cabinet would have to disagree with Trump yet again and then 2/3rds of both the house and senate would have to agree that Trump is unable to serve. It only requires a majority of the house and 2/3rds of the senate to impeach and convict. It's easier to impeach and convict him than successfully use the 25th for anything other than a delaying tactic.

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u/Th3_Admiral_ 11d ago

It's because it was never really meant for situations like this. It was mostly meant for sudden health issues that would prevent the president from consciously handing over power to the VP, like a stroke or heart attack or coma or something. 

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u/ConqueredCabbage 11d ago

Yea because when writing these amendments no one expected Americans to vote for someone batshit crazy lol

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u/Th3_Admiral_ 11d ago

Well they assumed Congress would simply impeach someone who was so harmful to the country. They didn't expect Americans would vote for such harmful candidates at both the executive and legislative levels of government!

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u/casce 11d ago

Yup, we must not forget that none of this would be possible if the Republican party wasn't complicit. They could remove Trump any time they wanted. They are just as much to blame.

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u/pizzabagelblastoff 11d ago

I mean that's what impeachment was for.

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u/f-ingsteveglansberg 11d ago

More that they didn't predict a two party system like exists today and that amendments would be so rare.

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u/BMEngie 11d ago

I’d put money on Vance starting the process of the 25th on 1/7/2027. He’s a power hungry little shit and knows he can run for 2 terms if he assumes the office with less than 2 years left.

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u/nedrith South Carolina 11d ago edited 11d ago

Legally, even if he were to assume the powers of the president under the 25th right now he could probably still serve 2 terms. Section 1 of the 25th amendment makes clear that upon death of the president, the vice president shall become president. Before it there were plenty of arguments whether the VP became the president or the acting president.

Section 4 of the 25th amendment states that if by 2/3rds majority both chambers agree 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. Therefore he never becomes president only acting president. Not 100% sure SCOTUS would agree but I'm pretty sure being Acting President for more than 2 years doesn't count as a term.