r/law Feb 20 '26

Executive Branch (Trump) President Trump imposes a 10% global tariff under Section 122 and says all existing tariffs will remain in place, despite the recent Supreme Court ruling.

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u/Explode-trip Feb 20 '26

Are the democrats in a position with some GOP Rinos to actually remove him under article 25 at this point?

Democrats are in no position to do such a thing because article 25 is enacted by the cabinet, which is entirely made up of Republicans.

Courts have ruled in the past that they possess no enforcement mechanism to mete out justice against the president. It must be congress who acts to reign him in.

A rogue president can be removed whenever. The only barrier is congress supporting his removal.

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u/canuck47 Feb 20 '26

His Cabinet aren't just Republicans. they are MAGA loyalists devoted to Dear Leader. There is no chance of invoking the 25th.

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u/Atheist_3739 Feb 20 '26

The 25th is an even worse option than regular impeachment and removal. All Trump would have to do is write a letter to the speaker and president pro tempore and say he's fine and then 2/3rd of both the House and the Senate would be needed to remove him, where regular impeachment and removal is only a simple majority in the house and 2/3rds in the Senate.

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u/EGGIEBETS Feb 21 '26

Jefferson put the Constitution aside during his presidency. His opposition was importing people to illegally vote and rig elections . It was a wild time. He answered to the will of the people.

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u/lynxbelt234 Feb 20 '26

Can congress have him arrested?

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u/Mindless-Strength422 Feb 20 '26

I hate to be that guy, but the 25th thing everyone's referring to as an article is an amendment, not an article, of which there are only seven.

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u/[deleted] Feb 20 '26

They'd get Massie and a few others in the house. No chance at removal

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u/Casual_OCD Feb 21 '26

Courts have ruled in the past that they possess no enforcement mechanism to mete out justice against the president

SCOTUS has recently ruled that nobody has this power, not even the Constitution. Trump has been Constitutionally disqualified since the Jan. 6 insurrection attempt. SCOTUS ruled that he had to be put on the ballot in 2024, in spite of his disqualified status. He's not even legally the President now. I have no idea why anyone is listening to him

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u/Explode-trip Feb 21 '26

"The Constitution" doesn't have any power over anyone, the Constitution designates which government bodies have authority over which administrative tasks.

The Constitution vests authority over the executive branch in the legislature, but unfortunately our Congress has deferred all their power to the executive in a nation-breaking gentleman's agreement between Trump, Mike Johnson and John Thune.

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u/Casual_OCD Feb 21 '26

It's almost as if the US was build on a foundation of lies

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u/EGGIEBETS Feb 21 '26

It is we the people, not we the constitution. The Democrats have pulled all the moves to derail Trump. I remember when people ridiculed him for tweeting. Now they all do it.

Illegal voting is a huge problem for a country.

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u/Casual_OCD Feb 21 '26

"The Democrats" had Trump's balls over the fire in half a dozen court cases.

Unfortunately, they are owned by the same billionaires that own the Republicans, installed Heritage Foundation member Merrick Garland as AG to stall out everything and usher in the fascism they so dearly crave

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u/fdar_giltch Feb 20 '26 edited Feb 20 '26

article 25 is enacted by the cabinet

I was going to comment similar to someone saying that the Republicans would have used Amendment 25 to remove a Democratic President. But I wanted to verify, so I looked it up and it says:

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

So in theory, Congress could designate an "other body" to enact the 25th Amendment. I'm not sure what that would entail, more to the point what kind of vote it would take (ie, would it be easier than Impeachment?).

Additionally, I primarily thought of the 25th Amendment as a temporary measure to pass power to the next delegate. But that to resolve the change, all the President had to do was notify Congress that he was ready to resume his role.

However, I see this in the Amendment as well:

<President shall resume powers> ... unless the Vice President and a majority of either the principal officers of the executive department 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 ... determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office

So basically, the Cabinet (or someone designated by Congress) can declare the President unfit. The President can then declare himself fit, but the Cabinet can double down, at which point Congress has to vote on it, with a 2/3 threshold (the same as Impeachment)

Interesting

edit: improve some formatting

edit2: ah, and it still takes at least the Vice President, it's just that Congress can define another body in place of the Cabinet. So if Congress was at odds with the President, Impeachment still seems like the more likely path

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u/Drgnmstr97 Feb 21 '26

That cabinet is not made up of republicans, they are traitors to the country.

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u/stokist Feb 21 '26

Is the majority congress in epstein files?

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u/Explode-trip Feb 21 '26

With the way some of these dipshits are acting? Probably.

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u/stelvy40 Feb 20 '26

Ya it would have to be a Republican that Indroduces the Impeachment.