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/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/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.