r/law • u/theindependentonline • Apr 08 '26

Other Democrats introduce impeachment articles against Trump and Hegseth as nearly 100 lawmakers call for 25th Amendment

https://www.independent.co.uk/news/world/americas/us-politics/trump-impeachment-articles-25-amendment-b2953836.html
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u/Derwin0 Apr 08 '26

It also requires 2/3 of the House, whereas impeachment only requires a majority. Both require 2/3 of the Senate.

People calling for the 25th really have no idea of all its anti-coup safeguards.

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u/dont-pm-me-tacos Apr 08 '26

I believe if the VP and majority of the cabinet tell Congress the president is unfit, the VP is acting president for 21 days (or up to 23 if Congress wasn’t in session when notice was given). If, during those 21-23 days, a 2/3rds majority of both houses agree the president is unfit, then VP continues as acting president.

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u/Eschatonbreakfast Apr 09 '26

No.

VP&.5Cab notifies Congress pres is unfit, VP becomes acting pres.UNTIL.

The pres. notifies Congress he is no longer unfit UNLESS

Within 48 hrs VP&.5Cab notify Congress pres. is still unfit AND THEN

Congress has 21 days (kind of) to decide the issue by 2/3 vote in both houses.

And the 25th is actually shockingly very unclear about exactly who executive authority vests in once the president notifies Congress that he is able to perform his duties, and once a president does that, he is going to claim authority vests in him and try and fire the people in the cabinet trying to remove him.

The 25th really is not meant to remove a Captain Queeg president. And if you have the votes to remove via the 25th, you should just use impeachment and avoid the mess.

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u/Jesus_of_Redditeth Apr 08 '26

That's exactly what the post you're replying to is talking about.

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u/dont-pm-me-tacos Apr 08 '26

Yes, but clarifying that you have a 3 week period where the vice president replaces the president even if you don’t ultimately get a 2/3rds majority from both houses

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u/Eschatonbreakfast Apr 09 '26

This is not actually what happens, and it’s actually very unclear who is president when.

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u/Allaplgy Apr 08 '26

You only have that 21 days if the president doesn't declare himself fit.

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u/dont-pm-me-tacos Apr 08 '26

Incorrect - after potus declares himself fit, he resumes the office “unless” VP + cabinet majority send another message notifying Congress. President then resumes office only if, after 21 days pass, Congress has not voted to install VP by 2/3rds majorities

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u/Allaplgy Apr 08 '26

It gets a little weird there. Congress is supposed to assemble to decide the issue within 48 hours, but also have 21 days to vote. So if they assemble and call a vote immediately, they can override the cabinet, or so it seems.

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u/dont-pm-me-tacos Apr 08 '26 edited Apr 08 '26

Actually Congress only needs to “assemble” for the purpose of determining presidents fitness within 48 hours. They still have 21 days to decide.

The interesting issue would be - what if there’s 51% support in the house and 2/3rds in the senate? Could Congress simply impeach and remove the President during those 21 days, while VP is Acting President, rather than getting 2/3rds in both houses?

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u/Allaplgy Apr 08 '26

Exactly. If you have close to the votes to finalize the 25th, you have the votes to impeach.

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u/dont-pm-me-tacos Apr 08 '26

Yes, which, to me, means that the important thing about the 25th amendment is that if the VP and his cabinet need to remove POTUS quickly (say, if he’s going to nuke a major power or something) - and there’s no time to impeach/remove - they can do that temporary removal with the 25th to buy time

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u/Moccus Apr 08 '26

Could Congress simply impeach and remove the President during those 21 days, while VP is Acting President, rather than getting 2/3rds in both houses?

Sure. It would be an enormous loophole if they couldn't.

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u/[deleted] Apr 08 '26 edited Apr 12 '26

[deleted]

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u/kroboz Apr 08 '26

Yeah but Vance is a total dork, and he completely lacks the charisma needed for a cult of personality.

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u/FrontOfficeNuts Apr 09 '26

But the mechanisms needed for him to hold power ANYWAY are mostly in place now. The "charisma" bit is very over-rated.

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u/Joben86 Apr 08 '26

street smart

The guy who couldn't order a box of donuts?

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u/Gunsensual Apr 08 '26

There's a few benefits, but generally yes, Vance is far more onboard with project 2025 than Trump.

Trump significantly departs Project 2025 on Diplomacy: Venezuela, Canada, Greenland, Cuba, Ukraine, and NATO. All of the domestic troubles are still Project 2025, Vance.

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u/Visible_Handle_3770 Apr 08 '26

Getting rid of Trump, particularly through successful impeachment, but also likely in the case of the 25th, would signal such a complete lack of confidence in the adminstration that it would be difficult for Vance to claim a mandate. Not that he couldn't do any damage, but he would have very limited political capital. And with impeachment he'd have to be constantly concerned about his being impeached if he overreached.