The 25th Amendment: What Would Happen If a Corrupt Cabinet Declared Trump Disabled?


“If senior administration officials think the president of the United States is not able to do his job, then they should invoke the 25th Amendment.”  —Elizabeth Warren
Democrats Claim the 25th Amendment Is the Way to Rid Themselves of Trump
Amendment XXV, Section 4, of the US Constitution, according to Democrats, offers a way to be rid of President Trump.  According to Breitbart News (https://www.breitbart.com/big-government/2018/09/06/elizabeth-warren-its-time-to-invoke-the-25th-amendment/), Elizabeth Warren has said, “The Constitution provides for a procedure whenever the vice president and senior officials think the President can’t do his job.  It does not provide that senior officials go around the president—take documents off his desk, write anonymous op-eds. . . .  Every one of these officials has sworn to uphold the Constitution of the United States.  It’s time for them to do their job.”  It has even been suggested by The New York Times(https://www.nytimes.com/2018/09/21/us/politics/rod-rosenstein-wear-wire-25th-amendment.html) that Deputy Attorney General Rod Rosenstein has worn a wire to attempt to record President Trump saying something—anything—that might be construed as justifying the invocation of the 25th Amendment.  Although the Times has been largely discredited as a news source, the assertion bears all the signs of trying to place the matter firmly in the psyche of the public, in sympathy with Senator Warren.
Invoking the Process
It might be enlightening to walk through the process of what would happen if the 25th Amendment were invoked, breaking it down step by step, according to the language of the amendment:
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.
Assuming Mike Pence could be persuaded to betray President Trump—whose actions as chief executive have been, arguably, the most competent of any president of the last century (having brought about the greatest economic boom, the lowest minority unemployment, and highest number of Americans of all ethnicities working in the labor force, in all of American history, as well as having restored the Constitutional rule of law)—a majority of Trump’s cabinet secretaries would still have to be persuaded to turn on the president.  The president’s cabinet is made up of secretaries of the following departments: 1) Agriculture, 2) Commerce, 3) Defense, 4) Education, 5) Energy, 6) Health & Human Services, 7) Homeland Security, 8) Housing & Urban Development, 9) Interior, 10) Labor, 11) State, 12) Transportation, 13) Treasury, 14) Veterans Affairs, as well as 15) the Department of Justice’s Attorney General.  So, if eight cabinet members actually join Pence, to declare the president “unable to discharge the powers and duties of his office,” there is still more to do.
The Next Steps
Elizabeth Warren never refers to the next steps that must be enacted, when a president protests the claim that he is unfit; here is what happens next:
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.
In response to the written declaration that was delivered to the President pro tempore of the Senate and the Speaker of the House of Representatives, it must be assumed that President Trump would not take the matter lying down.  It is safe to assume that Trump would immediately transmit “his written declaration that no such disability exists.”  President Trump, upon doing so, resumes the “powers and duties of his office.”  Pence and eight cabinet members must then issue a second declaration that the president is indeed not fit to discharge the “powers and duties of his office.”
More Drama Ensues
The drama continues, according to the following prescription:
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.
It is difficult to imagine that two-thirds of the House (290 members of the House) and two-thirds of the Senate (67 members of the Senate) would vote to confirm a disability in the president, when 30 of the 50 states voted for President Trump in the election and with the president’s popularity on the rise, increasing with every passing month that the economy continues to improve the lives of people in every community and state.  Trump has brought freedom back to the American people, deregulating the economy to the point that many poor black and Latino families—who were disabled by Obama’s rules—can now afford to start their own businesses.  So, the worst thing that Trump might have to endure would be that, for up to 21 days, Mike Pence would be Acting President.
An Honest Representation of the 25th Amendment Is Lacking among Anti-Trumpers
Although members of the anti-Trump resistance movement, like Senator Warren, continue to bring up the possibility of invoking the 25th Amendment as a form of Constitutional “gotcha” that makes a mockery of the Constitution, they never honestly explain the entire process this would bring into play.  Perhaps Warren and her ilk are uneducated with respect to the Constitution, or else they are merely trying to excite ignorant supporters by implying a shortcut to impeachment, even though, ultimately, a two-thirds vote of both House and Senate is typically harder to come by than the simple majority vote in the House to impeach, followed by a two-thirds Senate vote to convict.   (The problem with impeachment, really, is that it must be for conviction of an offense equivalent to “Treason, Bribery, or other high Crimes and Misdemeanors,” per Article 2, Section 4, of the Constitution.  Even if Trump were convicted by the Senate, he could refuse to leave office on the basis that he was not convicted of any real crime under the law, that it was just a political conviction with no legal basis.  If collusion were the charge, there is no law on the books against collusion, per se, and passing such a law now to make collusion illegal in the past would be un-Constitutional, per Article I, Section 9, stating that “no . . . ex post facto law shall be passed.”  This would likely throw the matter into the jurisdiction of the Supreme Court, which would then have to rule according to the Constitution.  Without a credible charge of treason, bribery, or some other felony injurious to the nation, a Constitutionally baseless conviction would be stricken down by the Court.)
The Stubborn Reality
In reality, the 25th Amendment is not an option for removing President Trump.  (Nor, at this time, is impeachment by the House and trial by the Senate.)  Any characterization of Trump as disabled does not hold up.  Americans see the game that the socialist media are playing to help the Democrats and to disable the people’s duly elected president.  More people are daily taking the Red Pill (https://eaglerising.com/59450/wake-up-america-see-the-matrix-take-the-red-pill-behold-the-game-of-the-conspiracy-media/).  No longer hypnotized by the drumbeat of Hollywood propaganda, many are waking up to reality—a reality where Trump is giving real power back to the states and to the people while taking down federal restrictions that disempower state and local governments; President Trump is restoring the Constitution by appointing justices to the Supreme Court who will not legislate from the bench but will enforce the laws that the people have created.  And empowering the states and the people is the only way that a free republic can be maintained.
Who Is Paul Dowling?
Paul Dowling is an American patriot whose mission in life is to educate and enlighten his fellow citizens about the correct principles for facilitating a life of freedom and a culture based upon the Golden Rule, as well as to do whatever is in his power to help protect his countrymen from their government.  Paul believes that individual freedom is more important than majority rule and, therefore, values the fact that America was not founded as a democracy, but as a republic.  (In fact, the word “democracy” is nowhere to be found within the text of the US Constitution.)  Paul has written a book on the Constitution, explaining the republican values on which it is based and how they protect individuals and minorities from the dangers of a naïve majoritarian system of governance that can easily lead to oppression, and even persecution, of unpopular political voices.  The book is called Keeping a Free Republic: Learning the Blueprint for Liberty in the Constitution & the Bill of Rights.  It is on sale at Amazon, for $6.25 in paperback and $0.99 as a Kindle download, the lowest prices allowed by the publisher for this 130-page offering.   (Click here to find the book at Amazon: https://www.amazon.com/Keeping-Free-Republic-Blueprint-Constitution/dp/1724679082/ref=sr_1_1_twi_pap_2?ie=UTF8&qid=1536890421&sr=8-1&keywords=keeping+a+free+republic.)
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