Can Pelosi Invoke 25th Amendment To Remove Trump From White House? What The Law States, How It’s Implemented

KEY POINTS

  • President Trump has been given two experimental treatments and a powerful steroid to treat COVID-19
  • Pelosi questioned Trump’s recent behavior, saying he appears to be in an “altered state”
  • Trump responded, calling Pelosi crazy

Democratic lawmakers say they are concerned about President Donald Trump’s mental state following treatment for COVID-19 and introduced legislation Friday to create a commission to determine if the president is fit for office under the 25th Amendment to the U.S. Constitution.

The discussion comes just 24 days before the Nov.3 election.

Rep. Jamie Raskin, D-Md., said there never has been a good time to set up the commission but the current situation has focused everyone’s attention.

House Speaker Nancy Pelosi denied this is just another attempt by Democrats to go around the voting process.

“This is not about President Trump. He will face the judgment of voters. But he shows the need to create

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Judge: Vanity plate law likely violates First Amendment

AP

October 4, 2020 | 4:01 PM

PROVIDENCE, R.I. (AP) — A Rhode Island law allowing the Division of Motor Vehicles to reject vanity license plates that are “offensive to good taste” likely violates the First Amendment, a federal judge ruled.

The judge issued a preliminary injunction Friday in support of a lawsuit challenging the constitutionality of the law, which gives the DMV administrator the authority to deny vanity plates based on whether he or she thinks they “might carry connotations offensive to good taste and decency.”

The lawsuit was filed in March against Walter Craddock, state DMV administrator, by the American Civil Liberties Union of Rhode Island on behalf of Sean Carroll.

Carroll, a Tesla owner, was ordered by the DMV to turn in his plate “FKGAS” or have his registration canceled after the division received a complaint about the plate.

Carroll said the plate was his daughter’s suggestion,

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Trump’s coronavirus diagnosis and the 25th Amendment

The key provision is the 25th Amendment. The original Constitution provided that the vice president steps in when the president is incapacitated, but it said nothing about how the president’s incapacity was supposed to be determined. As a result, we have had long stretches (when President James Garfield was shot; when President Woodrow Wilson had a stroke) where the vice president should have been in charge but instead the president’s staff or spouse ruled. Enacted in the 1960s after John F. Kennedy was assassinated and at the height of the Cold War, the 25th Amendment finally provided a clear process, with the aim of ensuring that there is always a hand at the helm.

Section 3 of the amendment allows the president to transfer power voluntarily to the vice president. To do this, Trump would send formal notice to the speaker of the House and president pro tempore of the

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