25th Amendment improper way to remove President Trump – Rockford Register Star

Bob Evans| Special to the Rockford Register Star

What follows is no defense of Donald Trump. What follows is an argument that Amendment 25 is not the proper vehicle for removing him. Impeachment, however difficult, is.

Amendment 25 contains four sections, each applying to a different situation. Some sections envision a permanent replacement of the president; some envision a temporary replacement. Section 4, the one at issue here, focuses on a temporary physical incapacity, after which the president would resume duties. That, of course, is not the application of section 4 that people have in mind. It would be at least ironic to distort a Constitutional provision to punish someone for distorting the Constitution.

Permanent replacement of a president is treated in other sections of the amendment. Section 4 applies when the president is temporarily incapacitated. President Eisenhower, who had suffered two medical emergencies, urged at an early date the Justice Department to draft the outlines of an amendment to apply to temporary incapacity for physical reasons. This effort found its way into section 4.

Section 4 authorizes the vice president and a majority of the cabinet to transmit to congressional leaders a declaration of incapacity. It also authorizes the president to issue a letter declaring his capacity to perform, forcing Congress to decide between the two claims. The process requires yet another exchange of letters between the vice president and cabinet and the Congress. After these exchanges Congress debates, and would have to vote by a two-thirdmajority to reject the claim by the president. Is this really the spectacle we want to witness at this point?

There is at least one other serious objection to the use of section 4 for present purposes. The first objection, stated above, is that it is intended for a temporary incapacity. The second objection emerges from the intent conveyed by the words of second 4. It is that it is intended for physical or medical incapacity. Those sources of incapacity can be verified, which is a requirement for such an act of profound importance.

To remove the president for violating the Constitution is not envisioned by this amendment. To try to removethe president because of his temperament would be the very definition of a slippery slope. Trump would marshaltestimony from psychiatrists, as would the cabinet. Congress would have to adjudicate a psychiatric dispute. It may have been an oversight, but Amendment 25 did not produce a solution to the problem we now face. There is a remedy. It is impeachment.

Donald Trump has distorted and disregarded provisions of the Constitution. Should not those who want to remove him for disobeying the Constitution in turn obey the Constitution themselves? A wise teacher used to remind us in our classes that "under our Constitution it is not sufficient to do the right thing. We must do the right thing in the right way."

Bob Evans is an associate professor ofof economics, business, and political science at Rockford University

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25th Amendment improper way to remove President Trump - Rockford Register Star