The recent announcement of The White House ordering troops into Portland OR is not the last straw. We’re not there yet. But Trump is getting closer. As I have mentioned before he has, by luck or by careful legal advice, managed to stay clear of anything out and out illegal or impeachable. Likely that will continue. But what if it doesn’t?

Obviously, impeachment is the route for a President who has clearly breached the Constitution and/or committed “High crime or misdemeanors.” But there is another route in a case of presidential inability to do the job. That is the 25th amendment and I have been thinking about it lately since the President’s bizarre behavior, always there, but I think increasing now, makes me question his stability.

Now I have been adamant in the past that questioning something is, well, questioning. Usually there are two possible answers, “yes” or “no.” Sometimes it’s more complicated but it always involves a decision of some kind. That certainly pertains to this issue. I am not asserting the President is incapable of his job. But he has(since he took office the first time)displayed patterns of behavior that have been avoided by former Presidents–all of them. This includes wild charges, vulgar and other excessive language, and, perhaps most disturbing of all, verbally violent attacks on his opponents, characterizing them as crazy, evil, etc.

I am perfectly aware that people have hated Presidents before. But they rarely said so in public. I am also aware that former Presidents have hated some of their opposition sometimes. But none of them has said so with the vehemence or nastiness of Trump. Is it all an act? I hope so and I think it likely that it mostly is. But his temper sometimes seems to boil over inappropriately and anyway. what if I’m wrong and the whole thing is, well, not an act? I doubt and hope and pray this isn’t the case, but we should be aware of what could happen.

The alternative to impeachment for an incapable President is the 25th Amendment to the US Constitution. Passed by Congress in 1967, it was ratified by the requisite number of states the following year. It deals with the issue of Presidential incapability, without offering an easy opportunity for an overly ambitious Vice-President to take over the job.

There are four sections to it. The first three are simple to understand and the 4th isn’t too bad with a little bit of effort.

1-In case of the resignation, death or removal from office of a President, the Vice-President “shall become President.”

2)-Whenever there is a vacancy in the Vice-Presidency, the President nominates a Vice-Presidential selection who becomes Vice-President if confirmed by a majority of both Houses of Congress

3-If a President notifies the President Pro Tem of the Senate and the Speaker of the House that he is unable to carry out his Presidential duties, the duties and powers of his office will be handled by the Vice President “until he transmits to them a written declaration to the contrary.”

4) If the Vice-President AND a majority of the “principle officers of the executive departments or of such other body as Congress may … provide” notify the President Pro Temp and the Speaker that the President is incapable of exercising his duties, “the Vice-President shall immediately assume the powers and duties of the office as Acting President.”

Now–here is where it gets a little bit complicated, but read it carefully and I think it’s clear. When the President notifies, in writing, the President Pro Tempore and the Speaker that he is capable “he shall resume the powers and duties of his office.” So he takes back power right away

UNLESS–the VP and the majority of those principal leaders of executive offices or other group designated by Congress, notify Congress within four days that the President is not capable. Then it all falls in the lap of the full Congress. If they are not in session at the time they are to assemble within 48 hours. Within 21 days of receiving the letter or within 21 days of reassembling if that is necessary, the Congress must vote on this. If 2/3 of each House votes that the President is incapable of governing the VP continues as Acting President. If they do not do so the President resumes his authority.

I think this is a necessary and carefully written Amendment. If allows for quick action in the case of a crisis situation(say the President is, for some reason, unconscious) and the country would not be without leadership for very long. But it also, I think, tips the scales a little bit in favor of the President resuming power. This should make it difficult for a scheming Vice-President or an alliance between the VP and a fairly large number of members of Congress to seize power and keep it.

What the future of the US holds here I do not, of course, know(no one does). But it does occur to me that if Trump’s present behavior continues to get more threatening, with(perhaps among other things) wilder tariff threats and threats or more of troops going into cities where they are not wanted(and very likely not needed), impeachment will again become a serious issue.–or, if they think he’s “incapable,” the 25th. A few, including Whoopie, I see, are saying the time is now.

I have to dissent on that. We cannot govern by impeachment or constitutional maneuvers just because we don’t like our leader or strongly disapprove of the President’s actions. And we who oppose Trump must always be careful not to take any action which would give him the opportunity to make a plausible claim that he’s being persecuted. There are some who would continue to believe that to be true if he tried to close down Congress and was criticized for it. But we need to make a reasonable decision as to what is enough and what the Constitutional system can take

I personally doubt another impeachment will be wise and/or necessary. More to the point, I doubt Trump is quite far enough off the line of reality himself to make the invocation of the 25th Amendment necessary. But if it is, the leaders must move with caution and skill. Furthermore, those who support them need to understand what is going on and what the opportunities and risks are. All Americans should know the 25th, wherever they stand.