Thread by @eliehonig

The 25th Amendment is a mind-boggling Constitutional back-and-forth. Here's how it works (and why it's inferior to impeachment right now).

THREAD:

1) If the VP and a majority of Cabinet officers ("principal officers of the executive departments") certify in writing to Congress that the President is "unable to discharge the powers and duties of his office," the VP immediately assumes power as "Acting President." But wait:

2) The VP remains Acting President only UNTIL the President declares in writing to Congress "that no disability exists."

As soon as the President does that, he takes back his office and power. Trump presumably would do this right away.

3) Now, back over to the VP and Cabinet. If they do nothing, the President remains in power. Or, if the VP and Cabinet majority certify in writing once again that the President is indeed "unable to discharge the powers and duties of his office," then things get really crazy.

4) At that point, we've effectively got a stalemate. VP and Cabinet say "President is incompetent," President says "no, I'm fine."

So now it goes to Congress.

5) If Congress votes by 2/3 majorities of *both* House and Senate that the President is unfit, then the VP remains in power.

If not -- if either House or Senate fails to get 2/3 votes -- then the President stays in power.

6) So you can see why the 25th Amendment is not an ideal vehicle for the current situation. Even if invoked, Trump would immediately certify that "no disability exists." Then, either (1) VP gives way or (2) it goes to Congress, where you need 2/3 of both houses.

7) Impeachment and removal get the trick done more effectively, and at a lower ultimate threshold (1/2 of House and 2/3 of Senate).

Plus, impeachment can lead to permanent disqualification from holding *future* office.

END