HL 21- Use 25A and Draft and Enact 28A

February 22, 2017

Home | Blog | HL 21- Use 25A and Draft and Enact 28A

Sticking with and doubling down on its early and repeated prediction that Donald will leave or be escorted from the White House within three years, his recent conduct makes it more likely that the end will come through operation of the twenty-fifth amendment, that in most relevant part provides:

“Whenever the Vice President and a majority of either the principal officers of the executive departments [the cabinet] or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and the majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office.  Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session.  If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.”

Removal under the twenty-fifth amendment or impeachment and trial as prescribed in Articles I, II and III seem the more probable routes, because the public display of President Trump’s emotional state suggests that unlike Richard Nixon (who proximate to his resignation assured us that he was “not a bum” and that his “mother was a saint.”)  Donald will require extraction.  And given how quickly the Trump Administration is exposing the fatal defect at its center, while exposing the United States and free world to numerous potential disasters, it may become necessary to use the far more streamlined and speedy procedures of the twenty-fifth amendment.  That constitutional provision that came into being fifty years ago tomorrow, requires neither indictment (impeachment) nor trial, just conscience, will and decisive action by the vice president, the cabinet and Congress, all people who love this country.  Cherishing America, they will realize and probably already have that most of the Republican agenda can be achieved, and more easily, under an Acting President Pence – what we get if the twenty-fifth amendment is utilized or a President Pence, if the far slower impeachment procedures are utilized.

While that is happening, and the thought process has certainly begun, it is not too early to begin the equally important work of drafting and enacting a twenty-eighth amendment to the Constitution.  President Trump has flaunted his immunity from conflict of interest laws applicable to most other federal officials and employees.  He has refused to release his tax returns after promising to do so.  His conduct in these respects and many others have pointed to numerous ways that a dishonest and shameless president can harm the country with impunity and separate himself from rules, norms and standards which govern the rest of us and previous presidents who voluntarily submitted to them.  More about some of the things that the twenty-eighth amendment should and might contain and the process for its enactment in subsequent Hopelessly Liberal posts.  HL invites its readers’ ideas on the content for this twenty-eighth amendment in formation.

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