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StarfishSaver

(18,486 posts)
Fri Jan 8, 2021, 03:50 PM Jan 2021

FYI: Contrary to common parlance, the 25th Amendment doesn't provide for the removal of a president

When the 25th Amendment is invoked, the president remains president. But all of the powers and duties of the office are transferred to the vice president who will serve as acting president.

If Pence and the cabinet invoke the 25th Amendment, Trump will still be president of the United States and Pence will remain vice president performing as acting president with the authority to do everything a president ordinarily does.

The only way a president can actually be removed from office is through impeachment by the House and conviction by the Senate.

Not a big deal, but I thought it would be helpful to clarify this.

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FYI: Contrary to common parlance, the 25th Amendment doesn't provide for the removal of a president (Original Post) StarfishSaver Jan 2021 OP
Thank you. I am learning. judesedit Jan 2021 #1
That's good enough for 2 weeks MacKasey Jan 2021 #2
Sort of PJMcK Jan 2021 #6
Immediately being neutered notinkansas Jan 2021 #3
Just take the football from him, Lucy. rickyhall Jan 2021 #7
whenever the President is unable to discharge the powers and duties of his office, elleng Jan 2021 #4
Yes. My point exactly StarfishSaver Jan 2021 #5

MacKasey

(1,014 posts)
2. That's good enough for 2 weeks
Fri Jan 8, 2021, 03:52 PM
Jan 2021

Last edited Fri Jan 8, 2021, 04:39 PM - Edit history (1)

.....rump would be the first one to be 25th

If not second impeachment

Thanks for clarification about 25th!

PJMcK

(22,166 posts)
6. Sort of
Fri Jan 8, 2021, 04:05 PM
Jan 2021

The 25th Amendment has been invoked a number of times since its ratification in 1967.

Sections 1 and 2 have been invoked when there was a vacancy in the presidency or the vice presidency.

Section 3 of the Amendment has been used whenever the President is incapacitated. For example, if the President is under general anesthesia, the 25th Amendment has allowed the Vice President to assume the duties of the President for the duration of the procedure or anesthesia.

You are correct that Section 4, which entails a Cabinet and Vice Presidential declaration that the President is unable to discharge his duties, has never been invoked. No one has deserved it more than Trump.

elleng

(132,193 posts)
4. whenever the President is unable to discharge the powers and duties of his office,
Fri Jan 8, 2021, 03:58 PM
Jan 2021

the Vice President shall immediately assume the powers and duties of the office as Acting President.

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