The 25th Amendment?
Americans are familiar with His Royal Highness George III, King of Great Britain and King of Ireland (later King of the United Kingdom of Great Britain and Ireland) for one of three reasons.
First, as everyone who has taken a junior high school American history class knows, he was the king against whom the American colonists rebelled. In 1774, the colonists initially framed their grievances as being against the British Parliament , but not against the king himself, hoping the king would intervene. King George disabused the colonists of any hope that there was daylight between king and Parliament by ignoring their petition.
So, in 1776 Thomas Jefferson declared to the world that “The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States.” The colonist’s grievances against the king were of such magnitude (Jefferson included a long list), that, sadly but logically, Americans were forced to declare their independence.
Second, and perhaps more important to contemporary Americans than their hazily remembered history lessons, Lin-Manuel Miranda introduced Americans to a foppish, yet deadly despot named George III in the smash hip-hop hit musical Hamilton. Miranda’s king gently assures the colonists they will return to his embrace after he lovingly kills their wives and children.
(The musical 1776 may also have reminded Americans of why King George III was an important personage in early American history, but 1776’s King George is only briefly mentioned, never appears onstage, and some American delegates appear to like him.)
The third King George III Americans may know is a madman hidden away in Kew Palace, who spoke convoluted nonsense for hours at a time. An observer of this King George III wrote a delicately-phrased letter describing the king’s behavior at a state a function:
“…there he was sitting on the Throne with his King’s Crown on…and held his speech [that was] written out for him, just what he had to say. But, oh dear, he strode up and made a bow and began ‘My Lords and Peacocks’.”
Parliament appointed the king’s son (and future King George IV) as Prince Regent, removing George III from his official duties. For the last ten years of his reign, King George III was permanently insane.
We seem to have our own mad king.
Urgent calls from increasingly concerned liberals (and some conservatives) for Trump to be removed via the 25th Amendment erupted again this week. Trump, at an afternoon self-glorification performance/campaign event/COVID-19 briefing, recommended that doctors investigate injecting patients infected by the coronavirus with household disinfectants. In conjunction with this “bleach research,” Trump suggested that scientists find a way to expose patient “insides” to ultraviolet light. Hoping for a pat on the back for his genius, he later angrily lashed out at a Washington Post reporter who questioned the efficacy of Trump’s cures. “I’m the president,” he sneered, “and you’re fake news.”
People have already died from Trump’s previous foray into COVID-19 treatment. When Trump recommended chloroquine, a man in Arizona died and his wife was hospitalized after they ingested the supposed “cure.” After Trump recommended household cleaners, poison control centers experienced higher than normal call volumes.
There are a many, many reasons for Americans to be concerned. Here are ten.
1. The abject failure of his response to the coronavirus pandemic.
2. His unstable, but belligerent foreign policy.
3. His damaging transactional relationships with allies.
4. His intent to shred environmental protections and his refusal to accept the reality of climate change.
5. He dehumanizes others, particularly women and people from Central and South America.
6. He’s built concentration camps for migrants throughout the U.S., and allowed ICE to operate with impunity, separating children from their families.
7. He’s rejected all attempts by Congress to fulfill its oversight rights and responsibilities.
8. He’s encouraged his core followers — the Red Hats — to commit acts of violence against the press and others.
9. He’s enriched his personal businesses by using them for official activities.
10. Professional psychotherapists believe he is mentally ill.
I’m sure this list can be expanded (over 16,000 lies in three years…) and made at least as long as Jefferson’s against George III, but to continue is like picking the scab off a wound: momentarily fascinating, but ultimately ugly and painful.
So, reasons abound for Trump’s removal from the presidency. Is Article 25 the vehicle? First, read the amendment, then I’ll prod it a bit to see what pops out.
25th Amendment to the Constitution, 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 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.”
That’s it, that’s the 25th Amendment. No trial, just a vote of “principal officers” and an avenue for a president to appeal.
1. “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 …”
Principal officers include Vice President Pence and the 18 men and 4 women who comprise Trump’s Cabinet.
Every member of the Cabinet is not only a Trump loyalist, they’re determined ex-lobbyists and influence peddlers seeking to deregulate American corporations, expand defense spending, slash the safety net, and privatize government functions. Trump lets them do all of that with abandon, so they have no reason to remove him.
Imagine, too, the risk any of them would be taking if they broached the subject of an Article 25 removal. How would they do it? Call a Cabinet meeting without Trump? A tad suspicious. Individually sound out Pence and the other Cabinet members? Also risky. Any one of the Cabinet members might tip off Trump in the hopes of, say, replacing Pence as Vice President. Or the staff member of one of the Cabinet officers might report the plot to Trump, hoping to replace his or her boss.
And would Pence even go along with such a plot? No matter what the outcome, it would end badly for him. If Trump is removed and Pence becomes president, he’s unlikely to win the 2020 election. He’ll be blamed, whether he initiated the plot or not, for Trump’s removal, and Trump’s base will be angry enough to stay home or vote Libertarian. Conveniently, Representative Justin Amash (I-Michigan), a libertarian-leaning former Republican, just announced he’s exploring the possibility of making an independent bid for the presidency.
For that matter, Pence or any of the Cabinet members who vote to remove Trump will be persona non grata in the Republican Party, conservative foundations, and many corporations. I can’t imagine any Cabinet member willing to risk being shunned for the rest of his or her life.
Once a statement for removal is signed by the Vice President and at least 12 Cabinet members, the Senate must be notified, a press conference arranged, and Trump hustled out of the White House. An interesting time, I imagine.
2. “… transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives …”
I’ll be honest here, I didn’t know who the President pro tempore of the Senate was, or what he or she did, so I zipped off to the University of Google, which delivered me to the Senate website.
It turns out, the President pro tem (as it’s often shortened) is the second highest ranking official in the Senate and, since 1890, is the most senior member of the majority party. He or she is also third in the line of presidential succession, after the Vice President and the Speaker of the House.
Right now, the President pro tem of the Senate is Chuck Grassley, a Republican senator from Iowa, who is noted primarily for his “crazy and stupid” statements. Fortunately, he has no impact on an Article 25 action, other than to receive it from the Vice President.
(Note 1: The fact that Senator Grassley is even theoretically capable of assuming the presidency is terrifying.)
(Note 2: It just occurred to me that I could write a political thriller in which the President pro tempore of the Senate convinces the Vice President and Cabinet to remove the President. Once the paper is in hand, the President pro tem has the Vice President and the Speaker of the House assassinated, thereby assuming the presidency…)
3. “… written declaration that the President is unable to discharge the powers and duties of his office …”
This is where our old enemy, King George III, becomes relevant. While he experienced bouts of insanity throughout his adult life, it was only in his later years that his mind irrevocably succumbed to dementia. He was never aware, for example, that he was declared King of Hanover or that his wife, Princess Charlotte of Mecklenburg-Strelitz had died. Clearly, George was unable to function as king, and so the British Parliament appointed the king’s oldest son to become Prince Regent.
Why is this relevant? Well, King George III’s incapacity was profound; he wasn’t able to function as a leader, a politician, or as an ordinary human being. The case for his removal was, as the cliché goes, open and shut (nonetheless, an earlier attempt to appoint a regent sparked bickering among Parliament’s leaders).
Trump has a malignant personality which many psychotherapists consider to be a mental illness, warning that he is unstable and potentially dangerous. I agree with that assessment. But Trump still functions as a politician, a leader (of sorts) to millions of Americans, and he is perfectly capable of ordering McDonald’s for dinner. Is he “unable to discharge the powers and duties of his office”? I’d say he’s able to do so, but in a way that is detrimental to the well-being of the republic. Trump is an extreme case, but other presidents (Herbert Hoover come to mind) have acted in ways that were detrimental to the republic and they weren’t removed.
Now, if Trump appeared at a press conference naked, then took off for a jog through the Rose Garden, Pence might have a case…
(Sorry for planting that image into your mind.)
Again, I think Trump should be removed. I’m just attempting to assess the probability that Pence and the Cabinet will do so. I think the answer is no.
4. “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.”
Even if, after some arcane political calculations, Pence and the Cabinet opt to remove Trump, he can overrule their decision.
5. “… unless the Vice President and a majority of … the principal officers … 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 …”
This is a kind of “back and forth” that could delay Trump’s removal — long enough, perhaps, for him to call his base to rise to his defense, with potentially tragic consequences.
And if Trump were to win reelection during this interregnum, the process most likely has to begin again, but neither Pence nor any Cabinet member who supported the removal effort would be around.
6. “Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session … 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.”
If there is a dispute between Trump and his Cabinet, the Congress will adjudicate. The Republicans in the Senate, fearful of being primaried (they’ve already been warned against “running away” from Trump during their reelection campaigns) will provide Trump with the required two-thirds majority he needs to remain in office. The Democrats, who control the House, will not.
But that, of course, provides little solace, because the Vice President and the Principal officers will never make the attempt to remove Trump from the presidency. The 25th Amendment is not A New Hope, it is a false hope.
