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Mon Sep 24, 2018, 01:09 PM

 

Can we (as in everyone, not just Duers) stop with this 25th amendment stuff? It's rediculous

The 25th Amendment is more difficult to impose on a President than impeaching him.

First thing you need is the support of the Vice President, then you need a majority of the cabinet. If the invocation of the 25th is contested by the President (which it most assuredly will by President* Trump), there must be a two thirds vote of BOTH the House and the Senate to remove him.

As is obvious, invoking the 25th is more difficult than impeachment, which, with nearly 50 Republican Senators seems next to impossible. The 25th is impossible. The more we talk about it, the worse off we are.

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Reply Can we (as in everyone, not just Duers) stop with this 25th amendment stuff? It's rediculous (Original post)
louis c Sep 2018 OP
empedocles Sep 2018 #1
redstateblues Sep 2018 #2
FakeNoose Sep 2018 #3
The Velveteen Ocelot Sep 2018 #4
0rganism Sep 2018 #6
exboyfil Sep 2018 #8
elleng Sep 2018 #5
exboyfil Sep 2018 #7
Proud Liberal Dem Sep 2018 #9

Response to louis c (Original post)

Mon Sep 24, 2018, 01:11 PM

1. Agreed

Silliness

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Response to louis c (Original post)

Mon Sep 24, 2018, 01:12 PM

2. As if an intelligent man like Rosenstein would run it by John Kelly

as a viable course of action. It's beyond ridiculous.

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Response to louis c (Original post)

Mon Sep 24, 2018, 01:14 PM

3. I agree, it's not gonna happen with THIS VP and Cabinet

... even if Trump were drooling and catatonic, they would never invoke 25A on him.

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Response to louis c (Original post)

Mon Sep 24, 2018, 01:16 PM

4. It's damn near impossible. It was designed for a situation where

a president is completely incapacitated, like in a coma. Being nuttier than squirrel shit isn't going to do it unless said president strips and literally throws his shit at the walls of the Oval Office and announces that he's the Angel Gabriel or the King of Sweden. Maybe.

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Response to The Velveteen Ocelot (Reply #4)

Mon Sep 24, 2018, 01:19 PM

6. strangely enough, i would watch that documentary

one film ain't gonna cut it though. has to be a miniseries.

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Response to The Velveteen Ocelot (Reply #4)

Mon Sep 24, 2018, 01:35 PM

8. He would still be President

until he resigns or whoever has the Power of Attorney for him declares that he has resigned.

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Response to louis c (Original post)

Mon Sep 24, 2018, 01:18 PM

5. Sadly ridiculous to think members of this administration and congress would do the right thing.

I guess you're right.

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Response to louis c (Original post)

Mon Sep 24, 2018, 01:33 PM

7. Great points

It does not permanently remove the President from office. Every 30 days or so the elected President (Trump) can petition Congress to continue his powers as President.

It is like The Walking Dead version of impeachment. Two-thirds of both Houses of Congress would have to continue to sustain it.

An interesting question would be a brain dead or a President in a coma without a Living Will. I don't think that the President could be removed in that case unless the Court declares something like a power of attorney (or perhaps spouse) who then offers a resignation letter on behalf of the person.

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Response to louis c (Original post)

Mon Sep 24, 2018, 01:39 PM

9. I get that the Constitution (by necessity)

should make it hard to remove an elected POTUS. But, by the same token, perhaps it made it a bit *too* hard?

Of course, I'm not sure that the founders ever contemplated something like a Trump Presidency flanked by a totally compliant majority party (the founders didn't consider parties being a factor) in Congress, which may have been compromised- in part or in full- by a foreign power itself.

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