Donald Trump’s administration is facing another round of calls to invoke the 25th Amendment to remove the president from office in the wake of his remarks to an unprecedented assembly of the nation’s military leaders.

Trump’s Cabinet and then-Vice President Mike Pence faced similar demands in the aftermath of the January 6 attack, when a mob of the president’s supporters stormed the halls of Congress to derail the certification of an election he lost.

And it’s not the first time Trump has faced calls to step down since he returned to the White House in January. Liberal commentators and critics on social media routinely demand his Cabinet invoke the 25th Amendment.

  • givesomefucks@lemmy.world
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    12 hours ago

    Confidentially incorrect as usual…

    On the plus side. You e been learning a lot since I unblocked you, not sure how long it’ll last tho…

    Section 4 addresses the case of a president who cannot discharge the powers and duties of the presidency but also cannot, or does not, execute the voluntary declaration contemplated by Section 3.[3]: 117  It allows the vice president, together with a “majority of either the principal officers of the executive departments or of such other body as Congress may by law provide”,[note 3] to issue a written declaration that the president is unable to discharge his duties. When such a declaration is sent to Congress, the vice president immediately becomes acting president,[note 4] while (as with Section 3) the president remains in office, temporarily divested of authority.[9]

    John Feerick, the principal draftsman of the amendment,[3]: xii,xx [4]: 5 [10] writes that Congress deliberately left the terms unable and inability undefined “since cases of inability could take various forms not neatly fitting into [a rigid] definition … The debates surrounding the Twenty-fifth Amendment indicate that [those terms] are intended to cover all cases in which some condition or circumstance prevents the President from discharging his powers and duties”. [3]: 112  A survey of scholarship on the amendment found no specific threshold—medical or otherwise—for the “inability” contemplated in Section 4. The framers specifically rejected any definition of the term, prioritizing flexibility. Those implementing Section 4 should focus on whether—in an objective sense taking all of the circumstances into account—the President is “unable to discharge the powers and duties” of the office. The amendment does not require that any particular type or amount of evidence be submitted to determine that the President is unable to perform his duties. While the framers did imagine that medical evidence would be helpful to the determination of whether the President is unable, neither medical expertise nor diagnosis is required for a determination of inability … To be sure, foremost in [the minds of the framers] was a physical or mental impairment. But the text of Section 4 sets forth a flexible standard intentionally designed to apply to a wide variety of unforeseen emergencies.[4]: 7,20

    Among potential examples of such unforeseen emergencies, legal scholars have listed kidnapping of the president and “political emergencies” such as impeachment. Traits such as unpopularity, incompetence, impeachable conduct, poor judgment, or laziness might not in themselves constitute inability, but should such traits “rise to a level where they prevented the President from carrying out his or her constitutional duties, they still might constitute an inability, even in the absence of a formal medical diagnosis.”

    • dhork@lemmy.world
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      4 hours ago

      And you are missing the fact that the threshold for this is higher than impeachment, for a reason. Impeachment is for fixing something a President does. The 25th Amendment is for fixing something a President is.

      They didn’t want to say “only use this for documented medical emergencies” because they didn’t want to limit its possible use only to things they anticipate. But the simple fact that they made it more difficult than impeachment means that they intended for impeachment stuff to be handled by impeachment instead. They didn’t have to spell that part out, either, because it’s plainly obvious to anyone who is not making disingenuous arguments on the Internet…

      • givesomefucks@lemmy.world
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        4 hours ago

        And you are missing the fact that the threshold for this is higher than impeachment

        And you’re “missing the fact” that Opossums are the only marsupial in North America…

        Another topic no one was talking about…

        And you’re still wrong because it’s the exact same 2/3s vote. You are consistently and habitual misunderstanding everything I say…

        A page reloaded without me signing in, and I thought you were close I could help, and it was concerning how you appear to reply to me frequently with completely wrong I formation.

        There’s no way I can help you get anything I just hope people dont automatically believe your ramblings when you keep replying to factual.psiats.

        • dhork@lemmy.world
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          4 hours ago

          And you’re still wrong because it’s the exact same 2/3s vote.

          In the Senate. Impeachment is only a majority vote in the House.