By BYRON YORK • 2/17/17

As President Trump finishes his fourth week in the White House, a number of opposition lawmakers, political commentators, and self-styled members of The Resistance are discussing ways in which the president might be quickly removed from office.

Some have talked about impeachment for quite a while, even before the Trump inauguration. But that could take a long time, and it would require Trump to commit, and then be charged with and convicted of, "treason, bribery, or other high crimes and misdemeanors" to meet the Constitution's standard for removing the president from office.

That's too long term, say some. So now, there is increasing discussion of the 25th Amendment. The 1967 amendment, which has its roots in the Kennedy assassination, covers ways to replace an incapacitated president. Up until now, its most-discussed provision was a measure by which the president could inform the Speaker of the House and the President pro tempore of the Senate that he, the president, can no longer perform the duties of office, whereupon those two officials would declare the vice president the acting president, until such time as the president informed them that he was again able to perform his duties. The amendment has been used or considered for cases in which the president underwent surgery or was under anesthesia.

Now, however, The Resistance is looking at Section 4 of the 25th Amendment, which would allow the vice president and a majority of cabinet officers, or the vice president and a majority "of such other body as Congress may by law provide," to declare the president unable to serve, making the vice president the acting president. If there is a disagreement — say, the president believes he is able to serve and the vice president and a majority of the cabinet or the other body don't — then Congress decides who will be president. Here is the text of that portion of the amendment:

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 departments 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.

Now, lawmakers are talking about the amendment. Democratic Rep. Jackie Speier, a member of the House Intelligence Committee who on Thursday evening told the BBC that the Trump-Russia affair is "as big as Watergate, if not bigger," said on Friday that the 25th Amendment might be triggered if Trump doesn't "act presidential."

"The 25th Amendment is there to provide a backstop if in fact the president becomes incapacitated," Speier told CNN Friday afternoon.

"Do you believe he is incapacitated?" asked anchor Brianna Keilar.

"Well, I think that we have got to be very careful," Speier said. "He needs to start acting presidential. He needs to start recognizing that as president you don't go around and shoot down the media, as if it's some kind of a game you're playing. You don't take on people saying nasty things about them. You don't take foreign leaders and hang up the phone with them or besmirch them, as he has with some of the European leaders. I mean, he has got to get a grip. And so the 25th Amendment is there if a president becomes incapacitated.

Speier went on to describe the situation after Woodrow Wilson suffered a stroke and Wilson's wife Edith served as something of a de facto president. "I don't think that Melania Trump is in a position to do that," Speier said — an odd remark, given that she was discussing the 25th Amendment's structure of presidential succession.

"You are very serious about this?" asked Keilar.

"I'm serious about conveying to the president that he's got to get serious," Speier answered. "That we have efforts underway around the globe attempting to exploit our dysfunction right now. He's got to act presidential."

Speier is in no way the only person buzzing about the 25th Amendment in these first weeks of the Trump administration.

On Tuesday, Democratic Rep. Earl Blumenauer announced he is forming "a working group to clarify and strengthen the 25th Amendment." "Like many people, I've noticed a renewed interest in the 25th Amendment as we've seen erratic behavior out of the White House," Blumenauer said in a statement. "As I examined the amendment, it became clear that in the case of mental or emotional incapacity, there is a glaring flaw."

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Some Trump supporters will undoubtedly dismiss this as crazy talk. But the one thing The Resistance has shown is that, even though it was consistently wrong about Trump's chances in the election, it is more determined than ever to prevail over him eventually. And the 25th Amendment does give Congress the power to designate an "other body" to decide, which means the Constitution would not have to be amended to make such a change.

Yes, there are hurdles after hurdles in such an effort. The vice president would have to be on board. Congress would have to pass an "other body" measure by a veto-proof majority. It seems impossible, and indeed it might be. But that won't stop The Resistance from trying.

http://www.washingtonexaminer.com/byron-...article/2615212

Quote: Cincinnatus wrote in post #2

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Remember how people like this used to whine endlessly about how the Republicans refused to cooperate with the Obama agenda, and Mitch McConnell announced, "my number one priority is making sure president Obama’s a one-term president"; and how terrible, terrible that was?

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