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The 25th Amendment is trending right now since Pelosi has said she will be discussing it tomorrow. Here's a quick primer on how Congress is involved in the process...

If the VP & majority of Cabinet believe the President is unable to discharge the powers & duties of his office they can send a declaration to the President pro tempore of the Senate & Speaker of the House. As soon as that is done the VP immediately becomes the Acting President...

Note that the President pro tempore of the Senate and the Speaker of the House have no role in this other than being the recipients of the declaration. There is one other way to activate the 25th Amendment...

Congress can decide on a group other than the Cabinet that can make the declaration. But there are two catches to that for those hoping Pelosi can remove Trump. First catch: Congress has to decide on this other group "by law" according to the 25th Amendment...

That means that the Democratic House AND the Republican Senate would have to agree to this separate group that could declare the president unfit. Even if they did come to an agreement and passed a bill, President Trump would have to sign it. So, not happening...

The second catch: Even if there was already a law on the books that created a separate body able to declare the president unfit, the 25th Amendment says the majority of this group AND the VP would have to make the declaration. So Pence would have to sign on with Pelosi's group...

Long story short, whatever Pelosi is planning tomorrow will be pure political theatre. So if you're a Democrat, don't get your hopes up. If you're a Republican, don't worry. The 25th Amendment is clear and nothing will come of this without Pence and Trump's Cabinet being on board

posted 10/8/2020

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