The 25th Amendment Option? Fuhgeddaboudit

It is Section 4 that allows the removal of a president. One option is what I have called the “mutiny option.” It requires a vice president and a majority of the Cabinet to declare that the president is “unable to discharge the powers and duties of his office,” and notify Congress that the vice president intends to take over. If Vice President Kamala Harris could get eight Cabinet officers to go along with a letter to Congress, her status as the “Acting President” would likely be short-lived. Joe Biden (who yesterday declared, “I’m elderly and know what the hell I’m doing”) would only have to declare to Congress that “no inability exists.” Biden would then resume his powers.

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Harris would have to send another declaration with the Cabinet members within four days to the president pro tempore of the Senate and the Speaker of the House, rejecting Biden’s claims.

With that second declaration, Congress would have 48 hours to assemble to debate the issue. It would then have 21 days to vote on the removal. However, that would require two-thirds majorities in both houses. If Congress did not vote within 21 days, the president would resume and keep power.

In other words, it is about as likely as François Mitterrand coming forward to say that he faked his death and has indeed been in communication with Biden.

Ed Morrissey

In other words, this would touch off a REAL constitutional crisis. Part of the problem -- and one of the reasons the 25th Amendment is less dangerous than it seems -- is that Cabinet secretaries owe their political loyalty to the president who appointed them, not the VP, who usually has little authority outside that granted by the president. Cabinet officials aren't going to sign off on a 25th Amendment removal unless the situation is irretrievable. 

Is it in this instance? Probably not, in terms of a removal from office. But I'd bet more now that Democrats will remove Biden from the ticket, especially if they can figure a way to remove Kamala Harris at the same time. 

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