political comment: removal of president — 25th Amendment

Have you read the 25th Amendment lately?  With the wild, wild Washington, DC goings on, let me remind everyone about the ability to remove the President.  Section 4 of the amendment reads, in part (my emphasis),

“Whenever the Vice President and a majority of either the principal officers of the executive departments . . .  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.”

Can this really happen?  Depends on Trump’s continued conduct and perception by the people.  Depends on the meaning of “unable,” which could be physical or psychological.

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HOAGOV

"The Voice for HOA Constitutionality". I have been a long-term homeowner rights authority, advocate and author of "The HOA-Land Nation Within America" (2019) and" Establishing the New America of independent HOA principalities" (2008). See HOA Constitutional Government at http://pvtgov.org. My efforts with HOAs took me to a broader concern that was deeply affecting the constituionality of HOAs. Those broad societal and plotical concerns caused me to start this new blog for my commentaries on the State of the New America.

4 thoughts on “political comment: removal of president — 25th Amendment”

    1. Some background from a non-expert, the 25th was the result of VP Agnew and then President Nixon involuntarily leaving office, and the need to appoint 2 vice presidents. (Speaker Ford became VP and then President, and he appointed Nelson Rockefeller as his VP). Congress decided it was time to detail the line of succession.

      Section 4 deals with possibility of the president becoming unable to perform under the presumption of a short term illness or injury. It does not involve a vote of the people, just the majority of the cabinet and VP. Neither the Speaker nor the President of the Senate need to approve. If the issue becomes contentious, then the decision goes to Congress.

      Given the comments and remarks by the current President, and the general view that he is a bit far out coming from Republicans and Democrats, and with members of his own cabinet and VP disagreeing with him from time to time, is it possible they might declare him unfit for the job? That would really be reality TV!

      I mean, Congress can’t even fire an impeached president for lying to the people and the courts, yet Flynn must go! Think about it.

      Now in HOA-Land governments, there is no fear of this because their ‘constitution’ is entirely different. The members can remove the president and board, if they get enough votes in the stacked HOA election process that favors the board. The bar is set too high for justice, much like the Poll Tax in the South, where Blacks could vote by first registering and paying an exorbitant fee that the average person could not afford.

  1. You should stick to your core comments which you know best – that would be HOAs. Not venture into uncharted waters.

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