Congress Can Remove Donald Trump From Office Without Impeaching Him.

[elleng]

MARCH 7, 2017

'Presidential psychology is quickly becoming a bipartisan issue. Recently, Senator Al Franken said that he and several of his GOP colleagues shared the opinion that President Donald Trump is “not right mentally.” Shortly thereafter, 35 mental health professionals — psychiatrists, psychologists and social workers — took to the pages of the New York Times to register their own concerns that the President was demonstrating “grave emotional instability.”

These controversial armchair diagnoses are powerless on their own. But what if there was something that Senator Franken and his concerned colleagues could actually do? Constitutionally speaking, there might be.

Much has been written in recent weeks about a provision in Section 4 of the 25th Amendment that allows the Vice President and a majority of the Cabinet to send a letter to Congress stating that the President is “unable to discharge the powers and duties of his office.” This letter would immediately initiate a transfer of power to the Vice President, subject to additional Congressional review.

While theoretically possible, it is highly unlikely that the Vice President and the Cabinet would unite to remove the President absent a clear incapacitation along the lines President Woodrow Wilson experienced after a stroke. Even if there was a bipartisan consensus that he was unfit to serve, the President would have broad authority to remove his Cabinet before it could take any action.

But there is another provision in the Amendment that has received much less popular attention — one that could allow Congress to play a role in removing the President. And no, it isn’t impeachment. Instead, a little-known provision in Section 4 empowers Congress to form its own body to evaluate the President’s fitness for office, eliminating the need for the Cabinet’s involvement in the process (emphasis ours):

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.

But what constitutional constraints are put on this power? Remarkably, there aren’t any. The framers of the 25th Amendment left the provision purposely vague, allowing Congress flexibility to decide on its specifics at a later date. It should come as no surprise to those who bemoan Congress’s frequent inactivity to find out that in the 50 years since the Amendment passed, it has never made such a decision.'>>>

http://time.com/4692507/congress-remove-donald-trump-impeachment/?

[mr_lebowski]

1. Problem would be in the non-clarity of this sentence ...

"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"

It could easily be argued that Congress cannot do this on it's own, it must also have the authority of the VP. That's a logical argument, based on the wording, actually.

And we all know Pence swings by Trump's sack, ergo ...

[elleng]

2. As usual, language gives lawyers raisons d'etre!

[Qutzupalotl]

7. Pence might get on board if he were being offered the presidency.

It’s hard to know for sure.

As to whether he’s be worse, perhaps in some ways (sheer competency), but we wouldn’t get these arbitrary spontaneous tariffs that are screwing with our economy. And Pence would not win in 2020.

[eShirl]

9. it's clear

whenever (the vice president) AND (a majority of EITHER principled officers OR such other body as congress provide)

[RKP5637]

3. IMO the GOP would never remove him, no matter how bad he got, as long as they can have money and

power. Most of the GOP IMO does not really give a damn about the country now or in the future, or the people, They are in the game for money and power ... so as long as tRump can somehow provide this, there is no way in hell IMO they are going to lift a finger to remove him ... unless some of them feel they can personally gain a lot by doing so.

[empedocles]

6. . . . GOP has money, power, and substantial constituent support.

As FDR well knew in 1940; merits, principles, raw ability to do, are one thing - for something really big, big popular support is very important.

[cilla4progress]

4. Laurence Tribe said

on Joy Reid on Saturday that the House can essentially impeach (find criminal conduct) without even dealing the Senate in!

[Grasswire2]

5. yes, of course.

Bill Clinton was impeached.

And Republicans still won in the following election.

[stopdiggin]

8. meaningless

And then sit on it? Can't imagine that that would go too well. Or win too many points.

[dansolo]

11. Why do people keep bringing up the 25th Amendment?

The President can contest any invocation of the 25th amendment. At that point, the President resumes their duties. Then it will require a 2/3 vote from both houses for removal, which is a higher threshold than impeachment.

[elleng]

12. Hope never dies, fortunately.