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Cake day: 2023年6月15日

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  • 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…


  • dhork@lemmy.worldtoNews@lemmy.worldCan Trump be removed under the 25th Amendment?
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    11 天前

    The text may theoretically be applicable in any situation where the President is “unable to discharge his duties”, but if you read the requirements of the act and put it in context, it is clear that it is really meant for when the President is incapacitated.

    First of all, it requires the VP and at least half of the Cabinet to agree. That is an extremely high bar, because in our current system the President selects all of those people. They are part of “his team”, and whatever is up would need to be very serious in order for the amendment to be invoked.

    And go ahead and read the text - the President simply has to communicate that whatever cause the problem is over to get his job back. It’s clear that what they had in mind was an incapacitation that prevented him from communicating.

    Congress has no ability to agree or disagree at this stage. It’s only after those same Cabinet members reaffirm the incapacity that it goes to Congress. And the threshold of 2/3 of both Houses simply cant be achieved in any partisan environment. Significant members from both parties would have to agree to get that to pass. It requires so much consensus that, in practice, it can only be done in situations where it’s obvious to the whole country.

    It is particularly obvious when paired with Section 3, where the President himself is allowed to temporarily designate the VP as Acting President. This has been invoked a handful of times over the years, mainly for when the President has been put out for a colonoscopy. https://en.m.wikipedia.org/wiki/Acting_President_of_the_United_States

    The two sections make sense together: Section 3 is for a planned incapacity, and Section 4 is for an unplanned incapacity.