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Instead of looking for a magic bullet in the Constitution to bring Trump down, progressives and anti-Trumpers should concentrate on building a lasting, broad-based, and genuine pro-democracy movement.
The United States Constitution provides two paths for removing a sitting president from office: impeachment and the procedures outlined in the 25th Amendment. Both approaches are being raised again, and with increasing fervor, as ways to bring an early end to Donald Trump’s second term of chaos, incompetence, and corruption. Both are clearly warranted, but structural hurdles built into both render them legally infeasible.
Instead of looking for a magic bullet in the Constitution to bring Trump down, progressives and anti-Trumpers should concentrate on building a lasting, broad-based, and genuine pro-democracy movement. Impeachment hearings and calls for invoking the 25th can play a role in that process, but only an ancillary one.
Here’s why.
The Founding Fathers were well aware of the dangers of unbridled one-man rule. Along with removing the yoke of King George III, they sought to prevent the rise of homegrown tyrants driven by ambition, greed, and vanity.
In a rational country with leaders committed to the rule of law, the resolution would swiftly lead to Trump’s demise. But we are not that country today.
At the Constitutional Convention in 1787, after prolonged debate about the extent of presidential powers and whether the new federal charter should include a provision authorizing the impeachment and removal of the president, the delegates adopted the now-famous clause inscribed in Article II, Section 4 of the Constitution that provides, “The President, Vice President, and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”
To strike a balance between a strong chief executive and what the antifederalists dreaded would eventually devolve into monarchy, they created a two-step process for impeachment. As set forth in Article I of the Constitution, the House of Representatives holds the sole power of impeachment, akin to a grand jury’s authority to return an indictment against a criminal defendant. A simple majority vote is all that is needed to accuse federal officers of committing an impeachable act and send their cases to the Senate, which is given the sole power to try cases of impeachment. In the upper chamber, however, a two-thirds vote (67 senators today if all are present) is needed to sustain a guilty verdict and remove a defendant from office.
As it was designed to do, the two-thirds requirement has drastically curtailed the frequency and impact of impeachment. Including Trump, only 21 federal officials have been impeached in our history. Fifteen were judges, two were Cabinet members, and one was a senator. The other three were presidents—Andrew Johnson in 1868, Bill Clinton in 1998, and Trump in 2019 and 2021. All were acquitted by the Senate. To date, there have only been eight impeachment convictions, all handed down against federal judges.
Trump is often compared to Richard Nixon for his abuse of power, ruthlessness, paranoia, and relentless pursuit of revenge against real and imaginary enemies. Both men have also been accused of believing in the “madman theory” of the presidency—the idea that if the president appears to be temperamentally extreme and unhinged, he will be seen as willing to do anything, no matter how vile or illegal, to impose his will.
But the conventional thinking that Trump will eventually suffer Nixon’s fate has been proven wrong. The Republican Party of the 1970s was tethered to constitutional governance. Today’s GOP has degenerated into a neofascist political cult. Trump has given the party control of all three branches of government, and he has given party leaders permission to be the most authoritarian versions of themselves. The party did not abandon Trump even when presented with overwhelming evidence in his second impeachment trial that he had incited the January 6 insurrection. There is no reason to believe it will abandon him now.
Still, hope springs eternal. On April 6, Democratic Rep. John Larson of Connecticut introduced a resolution to initiate impeachment proceedings against Trump. Drafted by Ralph Nader and constitutional scholar Bruce Fein, the resolution consists of 13 articles that charge Trump with, among other derelictions, violating Congress’ war powers by unconstitutionally initiating wars as a belligerent or co-belligerent against Iran, Venezuela, Yemen, Lebanon, Syria, Nigeria, and Gaza; militarizing domestic law enforcement with deployments of the National Guard; and using Immigration and Customs Enforcement to racially profile citizens and suspected immigrants.
In a rational country with leaders committed to the rule of law, the resolution would swiftly lead to Trump’s demise. But we are not that country today.
Ratified in 1967, the 25th Amendment was drafted in the aftermath of the assassination of John F. Kennedy to clarify the law of succession when the president becomes disabled. According to the first paragraph of Section 4 of the amendment:
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.
As Trump continues to unravel, invoking Allah in threats to obliterate Iranian civilization and attacking the pope as too liberal and weak on crime, calls to invoke Section 4 have accelerated. But Section 4 is an even weaker remedy than impeachment.
The second and final paragraph of Section 4 instructs that the president can attempt to override a declaration of disability by notifying the Senate and House leadership that no such disability exists. Thereafter, the vice president, with the support of either a majority of the Cabinet or “the other body” of the first paragraph, can contest the president’s override. To resolve the conflict and place the vice president in charge, a two-thirds vote of both houses of Congress—not just the Senate—is required to confirm that the president is, in fact, “unable to discharge the powers and duties of his office.”
The procedures outlined in Section 4 have never been invoked, and it strains credulity to think they will be used against Trump as long as JD Vance is the vice president and the Cabinet is staffed by sycophants and grifters who routinely pledge their loyalty to their dear leader.
This is not to say that agitating for impeachment or calling for Trump’s removal on 25th Amendment grounds is pointless. But we should not view the avenues for forcing Trump’s early exit as ends in themselves. Rather, they are best seen as organizing tools that can be useful in drawing Americans into a broad-based movement to restore democracy. In Hungary last week, 16 years of authoritarian rule ended with the defeat of Viktor Orbán. It can and must happen here.
He’s been losing it for a while now, but in the last few months it’s become far worse.
It’s a catastrophe on the way to becoming a cataclysm.
Trump is rapidly going stark-raving mad. He’s a clear and present danger to the United States and the world.
Earlier this week he lashed out at The New York Times after its chief White House correspondent questioned his mental health and stability and pointed to his “erratic behavior and extreme comments.”
“HAVE THEY NO SHAME? HAVE THEY NO SENSE OF DECENCY?” Trump posted in CAPITAL LETTERS about the Times, inadvertently echoing the famous words of Joseph Welch when standing up to Joseph McCarthy during the Army-McCarthy hearings of 1954. Trump went on to take issue with the Times’s coverage of his war in Iran rather than his mental state, as if to prove the Times’s point.
He keeps saying he’s “won” the war with Iran, although he’s never said what “winning” means. At one moment his goal is to free Iran’s people. At another, it’s to end Iran’s capacity to produce a nuclear weapon. At another, to destroy Iran’s missiles. At another, to achieve “regime change.” At another, to open the Strait of Hormuz (which was open before Trump started his war). At another, he says he’ll know the U.S. military operation in Iran is over when he feels it "[in] my bones.”
We are all endangered. What happens if, in a demented rage, he hurls a nuclear bomb? Who is watching the “football” with the nuclear codes? Who’s ready to stop him to save the world?
He can’t even stay on the same subject for more than a few minutes. In the middle of a high-level Cabinet meeting about the war, he spends five minutes talking about his preference for Sharpie pens. He interrupts another Iran war update to praise the White House drapes.
He threatens that if Iran doesn’t reopen the strait, “a whole civilization will die tonight.” Then he says America doesn’t need the strait reopened. Then he says: “Open the Fuckin’ Strait, you crazy bastards, or you’ll be living in Hell - JUST WATCH! Praise be to Allah. President DONALD J. TRUMP.”
He calls the Pope “WEAK on Crime, and terrible for Foreign Policy” because the Pope wants peace. He posts an AI-generated picture of himself as Jesus, then says he was only depicting himself as a physician.
He won’t give up on his illegal and dangerous (for the economy) criminal investigation of Fed Chief Jerome Powell, claiming it’s not just about Powell’s renovations at the Fed but also a “probe on incompetence,” adding he’ll fire Powell if he doesn’t resign after his term as chair ends.
He claims that the United States “needs” Greenland. He confuses Greenland with Iceland. He says whales are being killed by windmills. He claims that he won all 50 states in 2020. That he defeated Barack Obama in 2016. He says the former chair of the Joint Chiefs of Staff should be executed. He goes on an eight-minute ramble about poisonous snakes in Peru. He boasts of ending a fictional war between Cambodia and Armenia.
After Robert Mueller’s death, he says, “Good, I’m glad he’s dead.” He blames the murders of Rob Reiner and his wife Michelle on “the anger [Rob Reiner] caused others through his massive, unyielding, and incurable affliction with a mind crippling disease known as TRUMP DERANGEMENT SYNDROME.” After Joe Biden is diagnosed with an aggressive form of Stage 4 prostate cancer, Trump says, “I’m surprised that the public wasn’t notified a long time ago because to get to Stage 9, that’s a long time” (there is no Stage 9 cancer).
He’s been losing it for a while now, but in the last few months it’s become far worse.
In 2017, 27 psychiatrists, psychologists, and other mental health professionals concluded in The Dangerous Case of Donald Trump that Trump’s mental condition posed a “clear and present danger” to the nation.
In 2021, members of Trump’s own Cabinet — horrified by the January 6, 2021, violence at the Capitol and Trump’s lack of urgency in stopping it — discussed whether to invoke the 25th Amendment to remove him from office due to mental incompetence.
During his 2024 campaign, he attacked Kamala Harris and then went into the stratosphere of his bonkers mind:
“She destroyed the city of San Francisco, it’s – and I own a big building there – it’s no – I shouldn’t talk about this, but that’s OK, I don’t give a damn because this is what I’m doing. I should say it’s the finest city in the world – sell and get the hell out of there, right? But I can’t do that. I don’t care, you know? I lost billions of dollars, billions of dollars. You know, somebody said, ‘What do you think you lost?’ I said, ‘Probably two, three billion. That’s OK, I don’t care.’ They say, ‘You think you’d do it again?’ And that’s the least of it. Nobody. They always say, I don’t know if you know. Lincoln was horribly treated. Uh, Jefferson was pretty horribly. Andrew Jackson, they say, was the worst of all, that he was treated worse than any other president. I said, ‘Do that study again, because I think there’s nobody close to Trump.’ I even got shot! And who the hell knows where that came from, right?”
It’s no longer possible to overlook his conspiracy-obsessed paranoia, his uncontrolled rage, his emotional volatility, his delusional claims, his vengeful rantings, his foul-mouthed posturing, his increasing detachment from reality.
Yet his Cabinet members and aides keep their heads down. Republican members of Congress pretend not to notice. His billionaire supporters dare not speak of his rapid decline. The media tries to “sanewash” his growing incoherence.
But some voices on the right — people who have long been supporters of Trump — have had enough.
Former Representative Marjorie Taylor Greene says Trump’s threat to destroy Iran’s civilization is “not tough rhetoric, it’s insanity.” Far-right podcaster Candace Owens calls him “a genocidal lunatic.” Conspiracy theorist Alex Jones says Trump “does babble and sounds like the brain’s not doing too hot.” A White House lawyer in Trump’s first term, Ty Cobb, says Trump is “clearly insane.” Former Trump White House press secretary Stephanie Grisham says “he’s clearly not well.”
The public is catching on. Fully 61 percent of Americans think he’s become more erratic with age, while just 45 percent say he is “mentally sharp and able to deal with challenges” (down from 54 percent in 2023).
For the good of the nation and the world, it’s time we face the reality: The most powerful man in the world does not have the mental capacity to do the job. Donald Trump — who has a family history of dementia — is increasingly unhinged.
We are all endangered. What happens if, in a demented rage, he hurls a nuclear bomb? Who is watching the “football” with the nuclear codes? Who’s ready to stop him to save the world?
Don’t wait. Impeach him now.
"We have a solemn duty to play our defined role under the 25th Amendment by setting up this body to act alongside the vice president and the Cabinet."
Rep. Jamie Raskin (D-Md.) on Tuesday unveiled legislation that would establish a congressional commission tasked with determining whether the president is able to continue executing the duties of the office.
The bill, titled the Commission on Presidential Capacity Act, would also set up "expedited" emergency procedures under which Congress could activate the newly created commission and fast-track its consideration of presidential fitness.
As envisioned by Raskin, this commission would act as a legislative counterpart to the US vice president and the president's Cabinet, which the text of the 25th Amendment grants the power to declare the president incapacitated. The 25th Amendment also gives that power to a majority "of such other body as Congress may by law provide."
"The Constitution explicitly vests Congress with the authority to create a body that will guarantee the successful continuity of government by responding to presidential incapacity to discharge the powers and duties of office," said Raskin. "We have a solemn duty to play our defined role under the 25th Amendment by setting up this body to act alongside the vice president and the Cabinet."
Raskin pointed to Trump's recent erratic behavior to argue that Congress needed to take a more assertive role in determining whether he has the mental capacity to serve in the most powerful office in the federal government.
"Public trust in Donald Trump’s ability to meet the duties of his office has dropped to unprecedented lows," the Maryland Democrat said, "as he threatens to destroy entire civilizations, unleashes chaos in the Middle East while violating Congressional war powers, aggressively insults the pope of the Catholic Church, and sends out artistic renderings online likening himself to Jesus Christ."
Raskin went on to warn that "we are at a dangerous precipice, and it is now a matter of national security for Congress to fulfill its responsibilities under the 25th Amendment to protect the American people from an increasingly volatile and unstable situation."
Fifty House Democrats signed on as original co-sponsors of Raskin's bill, which is unlikely to pass the Republican-controlled US House of Representatives.
Calls for invoking the 25th Amendment to remove Trump from office grew louder last week after Trump declared that "a whole civilization will die tonight, never to be brought back again," unless Iran agreed to meet his demands.
In a letter sent to congressional leaders on Monday, four psychiatrists warned that Trump's "behavior and rhetoric... have crossed a threshold that demands the immediate and bipartisan attention of Congress."
The psychiatrists added that Trump "exhibits what forensic mental health experts have, across dozens of independent assessments, identified as the 'Dark Triad' of personality traits: narcissism, Machiavellianism, and psychopathy."