The 25th!

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The 25th Amendment to the U.S. Constitution is a hot topic these days as the Democrats want to remove the President through one means or another. Preferably, they would like a resignation, despite the President’s term ending at 11:59 on 1/20, just over a week away. Their hope is a blemish on his legacy as the first time the Vice President and Cabinet invoke the Amendment, meaning “the President is unable to discharge the powers and duties of his office” against the will of the President.

The Amendment has been used six times to transfer power from Nixon to Ford at the conclusion of the Watergate Scandal and used to temporarily hand over power due to medical issues (most recently George W. Bush.)’

Section 4, provided below, would characterize the President as unfit to serve based on a false narrative the President called for violence at the Capitol last week. Fortunately, this has almost no chance of action, as the Vice President Pence and remaining Cabinet members appear unwilling to comply. The likely result will be an Impeachment vote in the House that will likely pass again, but no trial in the Senate resulting in no trial or expulsion. President Trump is likely to be impeached again (two times on a total of three -four counts) as the goal is further divide and reject healing.

Read the Amendment for yourself:

Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Here is the one the Democrats want!

Section 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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