Constitutional Expert: “Delusional” to Use 25th Amendment Against Trump
By Kit Daniels
Using the 25th Amendment against President Trump is delusional because every step of the process gives the president the benefit of doubt, says a constitutional expert.
The 25th Amendment, ratified after the assassination of John F. Kennedy, provides the procedure for replacing the president in the event of “death, removal, resignation, or incapacitation” – and the anti-Trump movement is hoping to overthrow the president through the “incapacitation” clause.
“The procedure is laid out in stages, and every stage gives the president the benefit of the doubt,” wrote the Tenth Amendment Center’s Rob Natelson. “A president with a minimal ability to respond can probably defeat any effort to remove him from power.”
“If he has support from a significant minority in even one congressional chamber he certainly can defeat any such effort.”
In other words, provoking the 25th Amendment is better suited for anti-Trump fundraising than actually removing the president.
“This procedure is much tougher than impeachment-and-removal,” Natelson continues. “Impeachment requires only a majority of the House, and there are no constitutional time limits.”
“Under the 25th Amendment, however, if a minority in either single chamber can stall proceedings for about three weeks, the president wins.”
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