“Trying to use the 25th Amendment to try and circumvent the Election is a despicable act of unconstitutional power grabbing...which happens in third world countries. You have to obey the law. This is an attack on our system & Constitution.” Alan Dershowitz. @TuckerCarlson— Donald J. Trump (@realDonaldTrump) February 15, 2019
Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses 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; otherwise, the President shall resume the powers and duties of his office.
Section 4, 25th Amendment, U.S. Constitution
McCabe also said in interview clips aired on Thursday that Justice Department officials discussed which Cabinet officials might be sympathetic to removing the president, using the authority of the 25th Amendment to the Constitution. (That amendment, ratified in 1967, deals with presidential succession and the prospect of presidential incapacity, creating a means for the vice president and others to step in if the president were deemed unfit to serve.)There is no case law on sec. 4 of the 25th Amendment because it's never been implemented against a sitting President. There is no case, in other words, interpreting the plain language of the amendment to mean other than what it appears to mean. Dershowitz is literally arguing the Constitution is unconstitutional. There's no other way to understand it.
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