Look people, I’m only going to say this once.
(By which, I mean I’ve already written multiple Quora answers and comments on Facebook posts about it. Enough that it became a pet peeve.)
I keep seeing people suggesting that “it’s time to invoke the 25th Amendment!” with regards to Trump. And while I get the spirit of it and the frustration behind it (and largely agree), let’s be honest: the Article 4 of the 25th Amendment… probably even by design… is a TERRIBLE vehicle for regime change.
First, the “they” that gets to use the 25th Amendment is… wait for it… the Vice President and a majority of the Cabinet. So, in summary — J.D. Vance and all those people who seem to exist solely to make groveling speeches about how Trump is the Most Special Boy In The Whole World. Theoretically Congress could give that power to some other entity, but that road leads through Mike Johnson and he’ll probably claim this is the first he’s hearing of there being a 25th Amendment. So there’s no one with any sanity or spine that has the power to invoke it.
But let’s say there’s some seismic landslide and Democrats control Congress after the midterms. Let’s say they even were to pass a law giving some other entity the power to invoke the 25th. That gets to the more “forest for the trees” issue: the 25th was envisioned for dealing with TEMPORARY medical incapacitation — it was attempting to grapple with the question of “what if Kennedy had survived the shooting but was facing an extended recovery?” — so all of its mechanisms are geared toward the assumption that unless the President dies, they get to decide when they come back because that’s who the voters voted for.
So in the here and now, let’s pretend J.D. Vance’s Silicon Valley backers decide Trump’s no longer good for their investments and a change is in order. Vance gets the Cabinet on-board, the 25th is invoked… and as it’s written, all Trump would have to is inform Congress “nah, I’m good, I’d like my job back”. (Granted, he’d have to write an actual letter, not a Truth Social post, which is a BIT of a hurdle. But I digress.) At that point, the burden shifts to Congress to provide cause why he shouldn’t be allowed to come back. And here’s the real rub: the bar for that is HIGHER than just impeaching him. Impeachment is a majority of the House to file the articles; two-thirds in the Senate to remove from office. To make a contested 25A removal permanent*, it’s 2/3rds of BOTH houses. And the whole thing has to happen within 21 days, or it expires and the President still gets the job back. So… gets out slide rule… carry the two… that’s more difficult.
*=I’m not even sure it’s permanent; it just says the Acting President “continues”. Which sort of implies Trump or whatever Hypothetical Future President we’re talking about could just keep trying?
The ONLY way I can see 25A removal being a “better” tool for Presidential removal is this: it takes effect immediately. With impeachment, there’s a whole trial, during which the President would continue to hold the office: presumption of innocence and such. A 25A removal AT LEAST takes effect immediately, and the President is out of the chair while the contested removal plays out. So I don’t know how much more Trump has to do to qualify for Mad King status in Republican eyes — hug a black person, maybe? — but if we somehow ever hit that redline and they REALLY need to get distance between him and The Button, the immediate effect is the ONE way in which it doesn’t suck.
Sorry if this rains on anyone’s parade, but I’ve heard the 25th waved around as a magic wand enough that it’s reached a low simmer for me. Civics 101 lecture concluded; go on about your business.
Mental Zoomies 