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Sat Dec 22, 2018, 12:46 AM

Has the 25th Amendment ever been used to remove a President?

I can't think of any times when it was.

Anybody know?

It might be a better path than impeachment.

11 replies, 861 views

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Reply Has the 25th Amendment ever been used to remove a President? (Original post)
CaliforniaPeggy Dec 2018 OP
rufus dog Dec 2018 #1
hlthe2b Dec 2018 #2
CaliforniaPeggy Dec 2018 #6
unblock Dec 2018 #3
CaliforniaPeggy Dec 2018 #7
Ohiya Dec 2018 #4
Liberal In Texas Dec 2018 #5
regnaD kciN Dec 2018 #8
Princess Turandot Dec 2018 #9
CaliforniaPeggy Dec 2018 #10
dansolo Dec 2018 #11

Response to CaliforniaPeggy (Original post)

Sat Dec 22, 2018, 12:48 AM

1. Nope

 

I have little faith in repubs to take either path.


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Response to CaliforniaPeggy (Original post)

Sat Dec 22, 2018, 12:48 AM

2. 25th Amendment only came about after JFK assasination...

When Reagan was shot, it SHOULD have been invoked, but it wasn't (things moved quickly) leading to the infamous and ridiculous statement by then-Secretary of State Alexander M. Haig Jr., who proclaimed to reporters: "As of now, I am in control here, in the White House, pending the return of the vice president."

So, no. It has not been invoked to remove a President. Parts of it were used to direct replacement of Spiro Agnew as VP when he resigned under threat of indictment and later for Ford's VP, Rockefeller.

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Response to hlthe2b (Reply #2)

Sat Dec 22, 2018, 12:50 AM

6. Thank you for the history lesson.

I didn't know either that that was when it was enacted.

I remember Haig's statement too. Awful.

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Response to CaliforniaPeggy (Original post)

Sat Dec 22, 2018, 12:49 AM

3. No. It takes much more than impeachment does.

Veep. Majority of cabinet. 2/3rds of both houses.

Very tall order.

Likely will only ever happen if a president is in a coma.

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Response to unblock (Reply #3)

Sat Dec 22, 2018, 12:51 AM

7. More stuff I didn't know! Thank you.

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Response to CaliforniaPeggy (Original post)


Response to CaliforniaPeggy (Original post)

Sat Dec 22, 2018, 12:50 AM

5. No. New ground.

But it's there for a reason.

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Response to CaliforniaPeggy (Original post)

Sat Dec 22, 2018, 02:04 AM

8. Strictly speaking, no U.S. president has ever been REMOVED from office...

Nixon resigned when it became clear that he would be removed, but he left of his own free will. The only other two attempts were the impeachments of Andrew Johnson and Bill Clinton, both of which failed in the Senate (in Johnson's case, by a single vote).

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Response to CaliforniaPeggy (Original post)

Sat Dec 22, 2018, 02:35 AM

9. The 25th Amendment sidelines a president, suspending their authority rather than removing them..

Once invoked, per the constitution, the VP only becomes Acting President. And the president has the right to declare himself able to carry out his duties at any time. If he does so, unless the VP and cabinet members once again declare him unfit, he resumes the office. If they do declare him unfit again, the VP remains the acting president. This cycle can go on and on.

The ways that a president leaves his term prematurely continue to be resignation, death or impeachment and conviction.

Chapter and verse:
http://constitutionus.com/#x25: 4. 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, 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.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days 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. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

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Response to Princess Turandot (Reply #9)

Sat Dec 22, 2018, 02:43 AM

10. Thanks for the chapter and verse!

Somehow, reading this, I very much doubt that this measure will ever be used against tRump. He would never stand for it.

And the Republicans would not defy him this much, I suspect.

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Response to Princess Turandot (Reply #9)

Sat Dec 22, 2018, 07:29 AM

11. Not entirely correct

It doesn't go back and forth like you say. The president can declare tbat they are fit. At that point, if the VP and the cabinet still declare the president to be unfit, then it must go to congress to decide. That requires a 2/3 vote of both houses.

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