Bloomberg Does the 25th Amendment apply to Trump? Maybe: Cass Sunstein (Bloomberg) – In the wake of President Donald Trump’s incitement to riot the Capitol, a new discussion arises about the two ways to remove a sitting president. The first is impeachment. The second is the 25th Amendment to the United States Constitution. There is no question that Trump’s conduct represents challengeable crimes, of greater and lesser gravity. The applicability of the 25th Amendment is not so obvious. The two grounds for impeachment are radically different. The impeachment is for flagrant abuse of the powers of the office. The 25th Amendment is related to some type of disability that prevents a president from fulfilling his duties. For current purposes, the key provision is the fourth section: Provided that the vice president and most of the top officials of the Executive departments, or of another body such as Congress, as provided by law, transmit to the president pro tempore of the Senate and to the president of the House of Representatives their written declaration that the president is incapable of carrying out the powers and obligations of his office, the vice president will assume immediately the powers and obligations of said…
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