
There’s a lot of talk these days about invoking the 25th Amendment and or Impeachment of the President. Some people seem to be confusing the two. And most of the talk doesn’t seem to be looking at the actual numbers required.
With the caveat I never practiced Constitutional Law so my knowledge is a combo of the classes in law school and a LOT of reading and looking up legal opinions in the last 10 years, I think I understand enough about this to explain it.
25th Amendment
The portion of the amendment people want to invoke is section 4:
“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. 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. 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 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.”
Assuming the current Cabinet would never invoke this amendment, let’s look at the possibilities via Congress. Congress can create a body to look into whether the President is able to continue and endow it with the power to declare him unfit. It would take a majority and I’m doubtful about the current Congress. But let’s assume after November the Democrats can muster a simple majority to create this body.
The President can then declare he actually is able to continue his duties. At this point the amendment requires 2/3 of the House and 2/3 of the Senate to override him.
For the House, 2/3 means 290 have to vote to override him. Democrats would have to pick up 77 seats in November to be able to do that themselves. If they have anything less than 290 seats it means they have to convince some Republicans to grow a spine and vote with them.
For the Senate, 2/3 means 67 have to vote to override him. Again, highly unlikely at the moment that 20 Republicans would develop a moral compass and vote with the Democrats. If Democrats pick up the highest possible number of seats in November they’d have 60 seats. So they’d still have to convince 7 Republicans to stop their allegiance to the 🍊thing and Project 2025.
IMO neither scenario is at all likely but I’m willing to be convinced by someone who has data to back up an argument that it’s do-able.
Impeachment
People often seem to forget impeachment is just stage one of getting rid of a President. Impeachment has the fairly simple requirement of a simple majority of the House voting to impeach. Right now unless some Republicans reverse course to actually vote out of concern for their constituents, even a simple majority is unlikely though faintly possible. But let’s assume after November this part is easy.
To actually get rid of the President the process has to get through stage 2, which is the trial by the Senate and two-thirds of the Senate must vote in favor of convicting in order to remove the President. Two-thirds is 67. As noted above, Democrats don’t have close to that right now and the most they can get up to in November is 60. Whether it happens now or later, unless a bunch of Republicans finally stand up to the Project 2025 crowd and/or go against the President, the numbers simply are not there to achievement impeachment.
See: Impeachment















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