In light of the reality tv, Truman show style politics we are subjected to: the Left’s fan fiction books and articles (“Fire and Fury” by Wolff; Trump’s hilarious tweets (e.g. “stable genius”); and the MSM’s ensuing feeding frenzy, I’ve felt compelled to take serious look at the probability of Trump being removed from office under the 25th Amendment without either his death or his consent.
Under the Constitution’s 25th Amendment, only a Pence led coup d’état along with a majority “the principal officers of the executive departments or of such other body as Congress may by law provide” could set the wheels in motion for Trump to be removed as President, which would be short-lived at best.
First, in order for Trump to be removed from office without his consent, the Vice President, in this case Mike Pence would have to write a letter along with a majority of “the principal officers of the executive departments or of such other body as Congress may by law provide” to the President Pro tempore of the Senate and the Speaker of the House calling for the removal of the President.
Right off the bat this language gets murky. Political pundits, who have never argued this issue in front of the U.S. Supreme Court, are merely guessing that the de facto definition of “principal officers” are Cabinet Secretaries. Intuitively, Trump’s lawyers would have to immediately argue this definition, which, in the meantime, would grind government to a halt. At this point, nothing is preventing Trump from firing all of his Cabinet or at least those that signed below Pence’s letter to Congress. Consequently, the attempt to remove Trump from office under the 25th Amendment is stymied.
If and when the U.S. Supreme Court decides what individuals constitute “principal officers” and those individuals are still in the majority for the removal of the President still—likely causing another letter to be sent to Congress, Trump can and will have already assumed the office of the Presidency because of his “written declaration that no inability exists” to both the Senate and the House would be on their doorstep the moment SCOUS came down with their ruling. A majority of the “principal officers” would have to send another letter to Congress forcing them to call for a vote. Under a prescribed period of time, a 2/3s majority in both the Senate and the House would have to vote that the “President is unable to discharge the powers and duties of his office.” Good luck with that. Impeach proceedings would be an easier path.
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Fateswebb ago
Where does the belief that pence would do So come from?
Anonymous_3 ago
I don’t know whether he will or won’t. It’s just their next play.