A Timely Primer on Section 4 of the 25th Amendment
There are rumblings that President Trump’s cabinet may invoke Section 4 of the 25th Amendment.
JUST IN: “This is not news we deliver lightly,” @margbrennan says as she reports: Trump Cabinet secretaries are discussing invoking the 25th Amendment to remove President Trump. Nothing formal yet presented to VP Pence.
“I’m talking about actual members of the Cabinet,” she says
— Ed O’Keefe (@edokeefe) January 7, 2021
I am deeply grateful to Professor Brian Kalt, who wrote the definitive book on this once-obscure provision of the Constitution. He created this helpful graphic to explain how the 25th Amendment operates.
Here, I wish to break down the logistics. There are currently 15 Cabinet Members who could vote on a 25th Amendment declaration. (According to Professor Kalt, acting members should be allowed to vote. Professor Anne Joseph O’Connell disagrees.) The 15 current members are:
- Secretary of State Mike Pompeo
- Secretary of the Treasury Steven Mnuchin
- Acting Secretary of Defense Christopher Miller
- Acting Attorney General Jeffrey A. Rosen
- Secretary of the Interior David Bernhardt
- Secretary of Agriculture Sonny Perdue
- Secretary of Commerce Wilbur Ross
- Secretary of Labor Eugene Scalia
- Secretary of HHS Alex Azar
- Secretary of HUD Ben Carson
- Secretary of Transportation Elaine Chao
- Secretary of Energy Dan Brouillette
- Secretary of Education Betsy De Vos
- Secretary of Veterans Affairs Robert Wilkie
- Acting Secretary of DHS Chad Wolf
If Vice President Pence, and eight of these fifteen cabinet members, “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,” then Mike Pence immediately becomes President.
At that point, Trump would “transmit[] to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists.” Thereafter, The Vice President, and the cabinet members have four days to take another vote. If Pence and eight members of the cabinet agree that Trump is still “unable to discharge the powers and duties of his office,” then Pence remains as President.
At that point Congress has up to 21 days to determine whether Trump is “unable to discharge the powers and duties of his office.” It would take 2/3 of the House and Senate to remove Trump from office. That vote would likely fail. But, we are less than 21 days till the inauguration. In theory, Speaker Pelosi and Leader McConnell could simply run out the clock, and not bring up a vote in two weeks. On January 20 at noon, Joe Biden will take the oath of office.
In short, if VP Pence and a majority of the cabinet vote to remove Trump, there is little chance that Trump would return to the Presidency–absent another election.
I raise one possible cliffhanger. Trump could preemptively fire everyone in his cabinet who does not pledge fealty, and then use the Vacancies Reform Act to install loyalists as acting cabinet heads. That could deprive Pence of a majority. It is also possible that cabinet members may resign. There are further rumblings of possible resignations.
Based on some of my conversations today I think 1600 is going to be a pretty solitary place for the next couple weeks.
— Jonathan Swan (@jonathanvswan) January 6, 2021
With resignations, Trump may also be able to appoint loyalists as cabinet members. The denominator remains 15, no matter what.
Now Trump would need help to execute that sort of Vacancies Reform Act move. I suspect White House Counsel Pat Cipollone would resign rather than help with this purge.
Stay tuned. And please email me if I made an error. I wrote this post in haste.
Source: https://reason.com/volokh/2021/01/06/a-timely-primer-on-section-4-of-the-25th-amendment/
Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.
"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.
Please Help Support BeforeitsNews by trying our Natural Health Products below!
Order by Phone at 888-809-8385 or online at https://mitocopper.com M - F 9am to 5pm EST
Order by Phone at 888-809-8385 or online at https://www.herbanomic.com M - F 9am to 5pm EST
Humic & Fulvic Trace Minerals Complex - Nature's most important supplement! Vivid Dreams again!
HNEX HydroNano EXtracellular Water - Improve immune system health and reduce inflammation
Ultimate Clinical Potency Curcumin - Natural pain relief, reduce inflammation and so much more.
MitoCopper -
Bioavailable Copper
destroys
pathogens and gives you more
energy. (See Blood Video)
Oxy Powder - Natural Colon Cleanser! Cleans
out
toxic buildup with oxygen!
Nascent Iodine - Promotes detoxification,
mental focus and thyroid health.
Smart Meter Cover - Reduces Smart Meter
radiation by 96%! (See Video)
Immusist Beverage Concentrate - Proprietary blend, formulated to reduce inflammation while hydrating and oxygenating the cells.
