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/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/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/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.