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As requested by tweeps, some thoughts on the use of the 25th amendment vs impeachment of Potus. The 25th amend was ratified in 1967. /1
It updated previous strictures on dealing with incompetency, physcial or mental, of the President and replacement of the VP under such /2
circumstances. The 25th amend is no easy thing to enact. A majority of the executive branch officers (ie VP, cabinet) need to attest /3
in writing to the President Pro Tempore of the Senate (Orrin Hatch) and Speaker of the House (Paul Ryan) that potus is physically or /4
incapable of fulfilling his/her official duties. Thereafter, the VP becomes acting President. If Potus then affirms in writing to the /5
to the President Pro Tempore and Speaker of the House that he/she is fine and dandy Potus then resumes his/her duties. If the VP/cabinet /6
concur, then no issue. If not and the majority of them think Potus is still incapable, they again affirm in writing that Potus isn’t /7
capable of fulfilling his/her duties. This must be done w/n 4 days after Potus says I’m fine. Thereafter, Both Houses of Congress /8
must, w/n 21 days, decide by supermajority or 2/3rds of each House that Potus can’t effectuate his/her duties. During this time period /9
VP acts as Potus. If both House of Congress fail to meet the 2/3rds threshold, Potus is reinstated. Very difficult process. Which is /10
on purpose. Impeachment is a much easier process. Articles of Impeachment are brought in the House Judiciary Committee. Thereafter, /11
they are brought to the floor of the House and voted on. Impeachment passes the House via a simple majority. Impeachment articles can /12
be brought for virtually any reason. Articles of Impeachment are similar, but not the same, as a criminal indictment since they can be /13
brought for non-criminal reason(s). There can be multiple articles brought at the same or different times. There are no limitations on /14
how many can be brought. After passing the House, the Articles are brought to the Senate where a trial is held for removal of Potus. /15
Said trial is presided over by the Scotus Chief Justice (John Roberts). After the hearing, the Senate votes on removal of Potus. /16
Removal occurs where 2/3rds of the Senate vote in favor. Impeachment and Removal process do not need to be publicly held. /end
Add. The aspect I’m referring to regarding the 25th amendment is sec 4. Sec 1-3 are fairly self explanatory.
