REMOVING A PRESIDENT FROM OFFUICE

I used to wonder if President Donald (The Bully) Trump would finish out his four year term, as President, but lately I have begun to wonder whether he will finish out his first year.  He may be (1)impeached and convicted (say over his association with Russia), but I found there is a second way (2) 25th amendment that covers unfit to serve for any reason (such as physical or mental incapacity, among other reasons. ).

(1) Impeach And Convict    Impeachment may be started with the accusation by a member of the House of Representatives that an official  has committed Treason, Bribery, or other High Crimes and Misdemeanors.*  It turns out that what is meant by High Crimes and Misdemeanors is not defined.  To me a misdemeanor is not a very serious offense, but clearly it  is meant to appliy only to extreme cases.  Only a majority vote is needed in the House to impeach.

If an official, such as the President or Supreme Court Judge among others, is impeached, the matter goes to the Senate  for a trial where a two-thirds vote is needed to convict the official and remove them from office.  The impeachment process was initiated only 7 times in the 19th century but 11 times in the 20th century.*  In the impeachment case brought against Present George W. Bush, by Representatives Kucinich and Wexler ,one of the many items was Bush's use of signing statements where he would sign a bill into law but add a note that said it did not apply to him  The case died in committee.


 25th Amendment to the Constitution**  The 25th Amendment was adopted on February 10, 1967 and was initiated after the assassination of President Kennedy.  Following are details of the amendment., but iSections 4 and 5 are most pertinent to this discussion.  There are psychiatrists who are currently saying, even publishing that Trump is mentally instable and therefore a danger.***

Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments 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 a 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.^[3]

* https://en.wikipedia.org/wiki/High_crimes_and_misdemeanors

** https://en.wikipedia.org/wiki/Twenty-fifth_Amendment_to_the_United_States_Constitution
*** http://www.msnbc.com/the-last-word/watch/trump-s-mental-health-the-elephant-in-the-room-883814979800