In an attempt at political opportunism after the scandals on Capitol Hill by leftist infiltrators, several Democrats, such as Speaker of the House Nancy Pelosi (D-Calif.) and Sen. Chuck Schumer (D-N.Y.), have publicly announced their intention to remove the president using the 25th Amendment. This is completely unconstitutional.
Pelosi suggested that Vice President Mike Pence remove President Donald Trump without notice. Previously, Schumer made a similar request.
"I join the Senate Democratic leader in calling on the vice president to remove this president by immediately invoking the 25th Amendment,” Pelosi said, according to Fox News.
Both Democrats are charging, without trial, President Trump with the chaotic events that occurred last Wednesday at the Capitol when leftist extremists disguised as Trump supporters violently entered the building.
Nothing is more lacking in arguments, especially considering that the biggest casualty after the events was President Trump.
But beyond the fact that there is no evidence or argument to blame President Trump, experts said, calls by top Democrats in Congress to remove the president from office by invoking the 25th Amendment demonstrate a profound ignorance of the Constitution.
Pelosi, Schumer, and others who have called for or suggested that President Trump be removed from office before the end of his term are misrepresenting the meaning and rationale of the 25th Amendment. They are promoting unconstitutional deception.
The 25th Amendment
On the one hand, it is true that the vice president has the legal authority to remove the president using the 25th Amendment, but that does not mean it can be used in any case and without verifiable arguments.
The 25th Amendment provides for the removal and replacement of the president if he "is unable to discharge the powers and duties of his office.“ The amendment in question speaks of "incapacity"; nowhere does it state that it can be used to remove the president because of disagreement with the way certain matters are handled, much less because it is considered (unfoundedly) that he would have done something aberrant like sending a mob of protesters to take over the Capitol. For such situations there is the figure of impeachment that has nothing to do with the 25th Amendment.
According to Gregg Jarrett of Fox News, former Sen. Birch Bayh (D-Ind.), who drafted the amendment, declared that the word "unable" meant "an impairment of the president’s faculties" such that he is “unable either to make or communicate his decisions as to his own competency to execute the powers and duties of his office."
The correct reason for using the 25th Amendment is when, for example, there is some kind of accident and the president suffers some form of unconsciousness or paralysis as a result, which makes him “unable to make or to communicate the decision to relinquish the powers of his office."
None of this is what happened this week. It is therefore clear that those who seek to eliminate President Trump using the 25th Amendment either have a complete disregard for the Constitution, or have an inexplicable hatred for the figure of the president and a deep desire to see him fall before his term ends, leaving the worst possible image of his inauguration.