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  1. Embed this notice
    WesDym (wesdym@mastodon.social)'s status on Saturday, 11-Apr-2026 05:50:22 JST WesDym WesDym

    Since this is being talked about a lot right now, for obvious reasons, let's go over what the law actually provides for the removal of a sitting president.

    Option A: Impeachment

    Step A0: Not required, but the House may start an investigation. (This is what happened to Nixon.)

    A1: A Resolution is introduced formally calling for impeachment. This is usually referred to the Judiciary Committee to debate, who may approve it, upon which the full House votes on it.

    /2

    In conversation about 5 months ago from mastodon.social permalink
    • Embed this notice
      WesDym (wesdym@mastodon.social)'s status on Saturday, 11-Apr-2026 05:50:20 JST WesDym WesDym
      in reply to

      6/

      The President may object, in which case the VP and at least half the Cabinet are afforded 4 days to respond. If they do not, then power automatically reverts to the President.

      If they do, by a 2nd declaration that the President is unfit, then Congress must start debate on it w/in 48 hours, and decide w/in 21 days.

      Congress affirms by 2/3+ in BOTH houses. (Note that this is a higher bar than impeachment.) Otherwise, the matter is dissolved (until restarted).

      /7

      In conversation about 5 months ago permalink
    • Embed this notice
      WesDym (wesdym@mastodon.social)'s status on Saturday, 11-Apr-2026 05:50:20 JST WesDym WesDym
      in reply to

      7/

      If unseated through 25A, the President retains their office, while the VP assumes their duties and powers. 25A affords no further action by Congress.

      Power reverts at any time, if petitioners so indicate. The next federal election (every even-numbered year) resets all conditions upon the new Congress being seated.

      #

      In conversation about 5 months ago permalink
      Steve's Place repeated this.
    • Embed this notice
      WesDym (wesdym@mastodon.social)'s status on Saturday, 11-Apr-2026 05:50:20 JST WesDym WesDym
      in reply to

      Addendum.

      What impeachment would currently require: It's certain that all 214 Democrats in the House would vote to indict. 4 more members, including at least 3 GOP, would also have to agree.

      In the Senate, all 45 Democrats would certainly convict. Conviction would then require at least 22 more Senators to agree, including at least 20 GOP.

      For 25A, at least 76 non-Dems would have to agree, including at least 75 GOP. In the Senate, at least 21 non-Dems must agree.

      In conversation about 5 months ago permalink

      Attachments


    • Embed this notice
      WesDym (wesdym@mastodon.social)'s status on Saturday, 11-Apr-2026 05:50:21 JST WesDym WesDym
      in reply to

      4/

      Option B: 25th Amendment

      Ratified in 1967, 25A is mostly about succession, but Sections 3 and 4 are about presidential incapacity.

      The President uses § to temporarily hand authority to the VP while unable to fulfill his duties, such as when undergoing surgery. Authority reverts upon his declaration of sufficiency.

      Current talk is about §4, used to unseat a President who is unable to fulfill their duties, but can't or won't invoke §3.

      /5

      In conversation about 5 months ago permalink
    • Embed this notice
      WesDym (wesdym@mastodon.social)'s status on Saturday, 11-Apr-2026 05:50:21 JST WesDym WesDym
      in reply to

      5/

      §4 allows the VP "and a majority of either the principal officers of the executive departments or such other body as Congress may by law provide" to temporarily pass authority to the VP.

      That phrase means the Cabinet, as defined by 45 USC § 101, currently 15 persons. Under 25A §4, the VP and at least EIGHT Cabinet secretaries (confirmed or Acting) must all agree.

      While authority moves to the VP, the President retains their office pending the outcome.

      /6

      In conversation about 5 months ago permalink
    • Embed this notice
      WesDym (wesdym@mastodon.social)'s status on Saturday, 11-Apr-2026 05:50:22 JST WesDym WesDym
      in reply to

      2/

      A2: The House debates the charges. Despite the Constitution saying "high crimes and misdemeanours", no criminal indictment or conviction is necessary. In the language of the time, this was already understood as a general reference to corruption or misconduct in office.

      In practice, literally ANYTHING is impeachable, if a majority of the House agrees that it is.

      At the end of debate, the House votes. A simple majority validates the indictment.

      /3

      In conversation about 5 months ago permalink

      Attachments

      1. No result found on File_thumbnail lookup.
        Welcome to nginx!

    • Embed this notice
      WesDym (wesdym@mastodon.social)'s status on Saturday, 11-Apr-2026 05:50:22 JST WesDym WesDym
      in reply to

      3/

      A3: The Senate holds a trial on the charges, with House members acting as prosecutors.

      The Senate must vote at least 2/3 (currently 67+) to convict.

      What happens after that is up to the Senate. It's expected that the president will be removed from office. If so, the VP immediately becomes President.

      The sitting President retains their full authority up to that moment.

      The Senate may order further consequences -- pretty much anything they decide.

      /4

      In conversation about 5 months ago permalink

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