Marysville Appeal-Democrat

Removing the president from office

- By Bruce G. Kauffmann

Article II, Sec. 4, of the Constituti­on says, “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.”

Section 3 of the 25th Amendment to the Constituti­on, ratified this week (Feb. 10) in 1967, says the president may be removed from office if he notifies the Senate’s President Pro Tempore and Speaker of the House that he is unable to perform his presidenti­al duties. The vice president will them replace him until he is again able to perform his duties.

Section 4 of the 25th Amendment says that if 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,” should notify the President Pro Tempore and House Speaker that they believe the president cannot perform his duties, then the vice president becomes “Acting President,” also until the president is recovered (assuming that occurs).

So, there are five ways to remove the president from office: death, resignatio­n, impeachmen­t, willingly (if, as usually intended, temporaril­y) leaving office under section 3 of the 25th Amendment, or being forced from office under section 4.

Most removed presidents have died in office, four by assassinat­ion, four by natural causes. Richard Nixon resigned rather than be impeached. Two presidents, Ronald Reagan and George W. Bush, invoked Section 3 of the 25th Amendment, allowing their vice presidents to temporaril­y act as president while they underwent invasive surgeries. Never has section 4 of the 25th Amendment removed a president, in part because of the difficulty of getting a majority of Cabinet members to vote to remove the person who appointed them to the Cabinet. Further, getting a Congress to act in which approximat­ely half of the members are from the same party as the president is another roadblock. Two presidents, Bill Clinton and Andrew Johnson, were impeached, which only takes a simple majority in the House, but neither was convicted in the Senate, where a two-thirds majority is necessary. This would be a steep uphill climb because, today, there are multiple safeguards against presidents committing treason or accepting bribes, and the definition of “high Crimes and Misdemeano­rs” is so vague it is open to interpreta­tion. And how senators interpret it will depend on many factors, including how their constituen­ts feel about impeachmen­t, and, again, the fact that some half of the senators are from the same political party as the president.

The point being that, like it or not, constituti­onally speaking, removing a president, including the current one, from office is a very steep uphill climb. Email author Bruce G. Kauffmann at bruce@history lessons.net.

This week’s Pet of the Week is Stella. Stella is a beautiful eight-month-old spayed Siberian husky. Stella is a fun, energetic pup that loves to run and play. She would love a home where she went on daily walks or runs. She would even enjoy going on a hike with a nice splash in a lake. She walks well on leash and enjoys car rides too. A home with no small animals would be best.

You can visit Stella at Sutter Animal Services shelter at 200 Garden Highway, Yuba City, or call 822-7375. Kennel hours are Tuesdaysat­urday from 11 a.m.4:30 p.m. Stella’s ID number is A142379. There are also many other urgent dogs and cats at the shelter waiting for homes.

Please visit www. Resqpaws.org or call 713-9079 for more informatio­n about sponsoring a shelter or foster pet, donating, fostering, adopting, or volunteeri­ng for Resqpaws Volunteer Organizati­on. ‘Like’ Resqpaws Community Page on Facebook for updates and stop by our adoption events on Saturdays at Yuba City Petsmart to meet some wonderful cats and dogs needing homes.

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Bruce G. Kauffmann

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