Thursday, September 13, 2018

Why not invoke the 25th amendment?

The Republicans, of course, have their reasons for not invoking the 25th amendment to remove the president from office as unfit to carry out his duties.    Those reasons are political expediency.  Donald Trump's support among Republican voters is enough -- and his retribution against candidates who don't go along is so fierce -- that they will put our democracy at danger rather than act to protect it.

But there are two other reasons for not invoking the 25th amendment to the Constitution to remove Trump from the office for which he is so manifestly unfit.

1.  The first is a matter of numbers.  It is an even more difficult process than impeachment, which requires a simple majority in the House to vote to impeach;  then a two-thirds majority of the Senate to convict and remove the president from office.  It does not require the vice president and the cabinet to agree, and it requires only a simple majority of the House to initiate impeachment, followed by a two-thirds majority in the Senate.

In contrastthe 25th amendment route requires, initially, an initiative from the vice president and a majority of the cabinet.   If there is no objection from the president, then that's all it takes.  But, if the president files an objection, declaring that he is in fact fit, it then requires a two-thirds vote of both houses of congress.


2.  The other is a more nuanced matter.  Being declared unfit for the office implies that something has changed about the president.  He has become ill, or been injured in an accident -- something has happened that wasn't there when he was elected.   People who make this point also make the valid point that Donald Trump has always operated in this way.    Maybe he's worse now under all the stress -- but voters had a good idea of who he was and voted for him anyway. 

One can also make the argument that he has gotten much worse -- or at least he is much worse in office than was anticipated.   Any hope that he would listen to advisers, or that he would learn in office -- that fantasy has been proven to be fairy dust.  But, in some people's thinking anyway, it's a dubious claim that now he's unfit and the voters were wrong when they put him in office.

There's also the practical matter.   With the midterm election less than two months away, that's the focus now.   They're not going to impeach him or use the 25th amendment now.    But a sound defeat of Republicans, especially if the Democrats take control of both the House and Senate -- which now looks do-able -- then that is a loud and clear message that will shake up even the Republicans.

Ralph

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