Read the Beforeitsnews.com story here. Advertise at Before It's News here.
Profile image
By Reason Magazine (Reporter)
Contributor profile | More stories
Story Views
Now:
Last hour:
Last 24 hours:
Total:

A Timely Primer on Section 4 of the 25th Amendment

% of readers think this story is Fact. Add your two cents.


There are rumblings that President Trump’s cabinet may invoke Section 4 of the 25th Amendment.

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:

  1. Secretary of State Mike Pompeo
  2. Secretary of the Treasury Steven Mnuchin
  3. Acting Secretary of Defense Christopher Miller
  4. Acting Attorney General Jeffrey A. Rosen
  5. Secretary of the Interior David Bernhardt
  6. Secretary of Agriculture Sonny Perdue
  7. Secretary of Commerce Wilbur Ross
  8. Secretary of Labor Eugene Scalia
  9. Secretary of HHS Alex Azar
  10. Secretary of HUD Ben Carson
  11. Secretary of Transportation Elaine Chao
  12. Secretary of Energy Dan Brouillette
  13. Secretary of Education Betsy De Vos
  14. Secretary of Veterans Affairs Robert Wilkie
  15. 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.

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/


Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world.

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.

Report abuse
Loading...

    Comments

    Your Comments
    Question   Razz  Sad   Evil  Exclaim  Smile  Redface  Biggrin  Surprised  Eek   Confused   Cool  LOL   Mad   Twisted  Rolleyes   Wink  Idea  Arrow  Neutral  Cry   Mr. Green

    MOST RECENT
    Load more ...

    SignUp

    Login

    Newsletter

    Email this story
    Email this story

    If you really want to ban this commenter, please write down the reason:

    If you really want to disable all recommended stories, click on OK button. After that, you will be redirect to your options page.