This 25th Amendment "Cabinet removes the President" loophole (user search)
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  This 25th Amendment "Cabinet removes the President" loophole (search mode)
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Author Topic: This 25th Amendment "Cabinet removes the President" loophole  (Read 1321 times)
politicallefty
Junior Chimp
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« on: January 09, 2021, 07:24:56 AM »

Like the president approving a congressional appropriation that cuts their departments by 10% or for disagreeing with his foreign policy say in the middle of a war?

It's being discussed yesterday and today as a loophole to work around Congress not doing impeachment and conviction. This is a legalized coup. Now most agree with the coup and the reasons, but it's still a coup. We have an established process for removing a federal official from office for cause-impeachment followed by conviction. The 25th Amendment is a cause-less removal, yet people want to use it de facto as a "for cause" removal.

This is an awful lot of power to give to a bunch of mostly unseen people that have never faced a ballot box. Once you break the glass once, you don't break the glass twice, you follow established precedent. I just feel the 25th should be clamped down so that the method and process to remove the president for cause remains with Congress and that the Cabinet act as mere reporters for the obvious medical cases. That this is even a thing and has now been brought up 2 times, it's less that this is something Cabinet should do and more because people want Congress to do something that Congress has shown itself unwilling to do.

By definition, utilizing the Section 4 of the 25th Amendment, it is not a legalized coup. A coup d'état has a specific definition, primarily that is is an illegal and/or violent overthrow of the government. Section 4 of the 25th Amendment establishes a legal procedure for stripping the President of his powers if he is deemed "unable to discharge the powers and duties of his office". You may argue for medical cases only, but mental ones are far more subjective and may be no less medical in nature. Even so, the 25th Amendment already contemplated the issue of a Vice President and Cabinet (or other body) voting against the President. It requires Congress, with a 2/3 vote of both Houses, to sustain the VP and Cabinet (or other body).

It's no more a coup than a non-confidence motion in a parliamentary system or impeachment under the US Constitution. In theory, a very hostile President/Congress relationship could have the President removed through impeachment. It is only our norms and traditions that have kept that power from being truly realized, but it is an absolute power. The courts cannot touch it and the President cannot issue pardons when impeachment is involved. If the impeachment of Andrew Johnson had resulted in conviction and removal, it's quite possible it could've transformed into a de facto vote of no confidence.
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politicallefty
Junior Chimp
*****
Posts: 8,281
Ukraine


Political Matrix
E: -3.87, S: -9.22

P P
« Reply #1 on: January 17, 2021, 09:30:29 AM »

I dispute that. Coup carries a certain connotation obviously which is what you state. "Legalized coup" means forcibly usurping power from someone, but it's legal. The term coup in widespread use of the English language has been used many times in business and politics to describe something that was within the norms for forcibly ousting a leader from power. For example, the stillborn Gingrich coup in the House.

If you want to start a linguistics thread on the proper use of words, go start one somewhere else. I'm here debating the Constitution and the actions of the House and Cabinet.

My point was that the term "legal coup" is basically an oxymoron. And it would not just be the actions of the House and Cabinet. For the 25th Amendment to take effect, current law requires the VP and a majority of Cabinet to agree that the President is unable to exercise power. The reason is irrelevant. If the President contests, it requires a 2/3 vote of both the House and Senate to sustain the action. That's a much higher threshold than impeachment and removal.

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It is only our norms and traditions that have kept that power from being truly realized, but it is an absolute power.

We were one vote away in 1868 and that was because the Kansas Republican Party did a poor job vetting the views of their appointment.

If you're arguing in support of Andrew Johnson's conviction, I would agree with you there. He should have been convicted and removed. It's possible this country could've become a de facto quasi-parliamentary system with a subordinate President. This country would've been better off if a doctrine of Congressional supremacy became ingrained in society with the Speaker of the House becoming a de facto Prime Minister.
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