We Can't Rely on Impeachment Or the 25th Amendment to Save Us From Trump's Chaos
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.
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........
