Monday, April 13, 2026

Then Read The Rest Of The Amendment 🤦‍♂️

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,
Congress has not, by law, provided for “other such body.” Nor are they likely to this year.

Do you really want to throw this into the Supreme Court? It’s bad enough already.  Section 4 continues:
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.
So, Congress hasn’t provided for “such other body,” and the declaration goes to the Speaker of the House and the President of the Senate from the VP and the Cabinet. (By the way: as it reads, the VP is ALWAYS required. Read “such other body” as excluding the VP, and you wind up before the Supremes. Rely on “such other body” and you wind before the Supremes, on the question of whether the “other body” was properly constituted. You might even get into who “principal executives” are, if any (like Blanche) are merely “acting.” How do you count the “majority” then? Some of the Justices would love to chew on that one.) And the body of people you’re relying on now? All Republicans. And then Trump challenges, and if the VP and the majority of Secretaries stand their ground, the whole mess goes to Congress. And within 21 days, by 2/3rds vote in both houses, Congress has to back the VP & Co., or the POTUS reclaims his office.

And if Trump loses, he goes to court, keeping the issue of the legitimacy of the POTUS alive and then in the hands of the Sinister Six. Who said this was a good idea, again?

What a shitshow that would be. And you expect this to happen before November?

The House can instigate an impeachment investigation on its own authority, and send articles of impeachment to the Senate, which must then hold a trial. I can imagine Trump making all kinds of legal challenges to being removed under the 25th. (I don’t say he’d win, but it would be ugly. And with this Supreme Court? Probably uglier.) But the legal precedent for impeachment (it’s not just presidents who can be impeached and removed. It’s been done for lesser offices.) is that it is not reviewable. If the Senate removes Trump after a trial, he’s through.

The 25th amendment is not impeachment. Leave that one for episodes of “The West Wing.” It only really works smoothly in fiction.


2 comments:

  1. I dabble in local government and one of the things I had to learn, and have watched a fair number of other people learn over the years, is that on the inside *nothing* is as easy or obvious as it appears on the outside. I always kind of wish more people were more realistic about self government being a *lot* of work. I don't think we would be where we are if that were the case.

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