Some Thoughts On The 25th Amendment

 

There's much talk about the 25th Amendment to the Constitution of our Great Republic (I'm not sure it still is one, but let's pretend it is for purposes of this post) and its application to the madhouse in which we find ourselves.  I'm uncertain, though, if those who invoke know what it says.

The 25th Amendment is of relatively recent origin, having been adopted in the 1960s.  It appears it was intended to make it clear just how a president may be removed during the time in which the president serves, and what happens at the end of the term of office.  Perhaps this became a matter of concern to Congress due to our history of assassination.   If presidents are going to be assassinated, it would be prudent to have a replacement method at hand.  It may also be the case, however, that there was a concern that a president should be removable, so to speak, in circumstances where there has been no successful assassination, or impeachment, but it seems a president is otherwise unable to discharge the duties of the office.

That was the case with Woodrow Wilson.  He suffered a stroke after he was outmanuvered and even bamboozled by the British and French representatives at Versailles.  This would have been hard for a man like Wilson to swallow. He seems to have sees himself as a modern-day Moses, if not a messiah.

Regardless, his stroke incapacitated him, and Mrs. Wilson and some agreeable politicians or friends presided over the United States for a time.

What the Amendment says in pertinent part is that if the Vice President and a majority of the members of the cabinet believe the President is unable to discharge the powers and duties of the office of the presidency, they may submit a statement to that effect to the President pro tempore of the Senate and the Speaker of the House of Representatives. Then the Vice President becomes "Acting President" and assumes all the power and duties of the President. The President is no longer President. However, the President may in turn submit a declaration to the same officers stating he is capable, in which case he'll be President once more, unless the Vice President, or rather Acting President, and a majority of the cabinet within four days submit yet another declaration that the President remains incapable.

In that case, the Congress decides the issue.  But a two thirds majority of each House  must find the President is incapable.  If there is no such super majority, the President is once more President.

The language of the Amendment provides no guidance regarding how it may be determined that a President "unable to dischage" the powers and duties of the office or what that means.  So it appears it isn't necessary for a President to be incompetent or mentally ill to be removed under the Amendment.  Nor would the fact that a President is unpopular or unwise be cause for removal.

Would the fact that a President has deplorable taste be relevant, or that he/she uses vulgar language? Since a President takes an oath to preserve, protect and protect the Constitution, I would think that a violation of that oath would suffice, as that oath sets forth one of the duties of a President.

In any case, the language used in the Amendment suggests that if it comes to a decision of the Congress it may be difficult to establish an inability to discharge the powers and duties of the presidency.  But there are other factors which would make the invocation of the 25th Amendment unlikely in this case.

The primary factor is the fact that the Vice President, the cabinet members and most of the members of Congress lack the moral courage to proceed under the Amendment. Or, they may feel that their jobs depend on his goidwill.They're slaves, thralls of the president.  It would take a great deal of moral courage to invoke the Amendment, and that courage is lacking in those who may make use of it.