It is unconstitutional to use the 25th Amendment to circumvent impeachment provisions. The 25th can be used only if POTUS is physically or psychiatrically incapacitated. Any other use is unconstitutional. I challenge anyone to argue differently.— Alan Dershowitz (@AlanDersh) February 15, 2019
No, it doesn't:
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
As I said, there is no case law on this language; the limitations Dershowitz insists on don't exist, as a matter of law.
Harvard Law really needs to seek in injunction to prevent him from claiming any association to them at all. This is just embarassing.
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