House Dems work to declare Trump incapacitated under the 25th amendment (user search)
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  House Dems work to declare Trump incapacitated under the 25th amendment (search mode)
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Author Topic: House Dems work to declare Trump incapacitated under the 25th amendment  (Read 943 times)
SteveRogers
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« on: July 02, 2017, 02:32:37 PM »

Yeah... even if a democratic congress could get such a bill passed, the 25th Amendment isn't really an effective vehicle for forcibly removing an incompetent president.

First, the committee AND the Vice President would have to transmit a letter to the Speaker and President pro tem declaring Trump to be incapacitated under the 25th Amendment. So Pence becomes Acting President. Okay, then what? Well, Trump would transmit a letter to congress declaring that no such inability exists. Then Trump regains the presidency unless the Vice President (and either a majority of the cabinet or this new committee) transmits a letter to congress stating that Trump is still incapacitated.

Okay, let's say Pence goes along with all this and agrees to continue to declare the President disabled. Then you need 2/3 of both houses of congress to vote within 21 days to declare the president incapacitated in order to keep Trump out of office.

Moreover, by my reading of the 25th Amendment, you would potentially need congress to hold that 2/3 vote every 21 days since Trump could continually send a new letter to congress declaring himself no longer incapacitated.
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