For those unfamiliar with lobbying and advocacy in the nation's capital, the connection between the National Association of Manufacturers and Republican politics may not be well known. To put it mildly, the two are inextricably linked, and have been for many years. There is, as a rule, no daylight between NAM and the GOP.
Which made it that much more extraordinary yesterday when the National Association of Manufacturers urging Vice President Mike Pence to invoke the 25th Amendment to remove Trump and "preserve democracy."
Around the same time, former Defense Secretary William Cohen -- who served in Congress as a Maine Republican for many years -- also told CNBC that the cabinet should invoke the 25th Amendment to remove Trump from office.
As several dozen members of Congress push the same line -- including, as of this afternoon, one House Republican -- this isn't just idle chatter. CNN reported overnight:
Some Cabinet members are holding preliminary discussions about invoking the 25th Amendment to force President Trump's removal from office, a GOP source said. The discussions are ongoing but it's unclear if there will be enough Cabinet members to result in Trump's removal. The conversations have reached the Hill where some senators have been made aware of the discussions, the source said.
CBS News ran a similar report.
If my email inbox is any indication, there's considerable reader interest in the topic, so let's take a minute to review the basics.
Almost immediately after Trump's 2016 inauguration, chaos gripped the White House. Vanity Fair published a piece noting, "[S]ome West Wing advisers were worried that Trump's behavior could cause the Cabinet to take extraordinary Constitutional measures to remove him from office."
The article added that Steve Bannon mentioned the 25th Amendment to Trump, and the president replied, "What's that?"
Broadly speaking, the amendment is about presidential succession, and it includes language about what happens to the power of the office when a president is incapacitated. But Article 4 to the 25th Amendment also creates a constitutional mechanism in the event the president is "unable to discharge the powers and duties of his office."
Specifically, under the 25th Amendment, a sitting vice president and a majority of the cabinet could, on their own, agree to transfer power out of the hands of a sitting president. At that point, those officials would notify Congress, and the vice president would assume the office as the acting president.
And what if the challenged president wasn't on board with the plan to remove him/her from the office? As Vox explained, "If the president wants to dispute this move, he can, but then it would be up to Congress to settle the matter with a vote. A two-thirds majority in both houses would be necessary to keep the vice president in charge. If that threshold isn't reached, the president would regain his powers."
Given the circumstances, this creates a hurdle that would be tough to clear. That said, removing Trump from power, even temporarily, would offer a degree of security that doesn't currently exist.
It's worth emphasizing that the intended purpose of the constitutional provision was to address a president with a serious ailment -- say, a stroke, for example -- in which he or she is alive, but unable to fulfill the duties of the office.
It probably wasn't written to deal with a president who's succumbed to madness.
But maybe the intentions of the 25th Amendment's authors aren't paramount? Maybe what matters are the real-world conditions we find ourselves in?
Postscript: Just as an aside, The Atlantic's David Frum wrote the week after the 2016 election, "Twenty-Fifth Amendment to the Constitution. Article 4. We're all going to be talking a lot more about it in the months ahead."
Frum was clearly onto something.
More:
The 25th Amendment option is a tough hurdle to clear - MSNBC
- Fifth Amendment - The Text, Origins, and Meaning of the ... [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- 5th Amendment - Revolutionary War and Beyond [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Fifth Amendment | Wex Legal Dictionary / Encyclopedia ... [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Fifth Amendment to the United States Constitution ... [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- In NH, Ted Cruz talks Senate race, personal past, 2016 [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- Justices suggest public employees' testimony is protected [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- Fifth Amendment to the United States Constitution - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- HST 330 fifth amendment presentation - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Police not sure if Sioux City murder suspect invoked 5th Amendment rights [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- Christie Ally Samson Refuses to Give Documents to Lawmakers [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- House votes contempt for ex-IRS official [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- 231-187 vote fell almost entirely along party lines [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- House votes to hold ex-IRS official in contempt [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- House votes to hold ex-IRS official Lois Lerner in contempt of Congress [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- Ex-IRS official held in contempt [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- Judge: Bensalem officials didn't invoke the Fifth [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- House votes to hold Lois Lerner in contempt [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- House holds Lois Lerner in contempt [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- House votes to hold former IRS official in contempt [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- Articles about Fifth Amendment - Los Angeles Times [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- Former PA Chairman Samson Pleads Fifth - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- No plans to arrest Lois Lerner, John Boehner says [Last Updated On: May 13th, 2014] [Originally Added On: May 13th, 2014]
- Im not going to testify: Witness pleads Fifth Amendment during Bangor triple murder trial [Last Updated On: May 13th, 2014] [Originally Added On: May 13th, 2014]
- GOP-led House votes to hold former IRS official in contempt [Last Updated On: May 13th, 2014] [Originally Added On: May 13th, 2014]
- Attorney: Defense told Corso will take Fifth [Last Updated On: May 16th, 2014] [Originally Added On: May 16th, 2014]
- Christie: I knew nothing about plot - Video [Last Updated On: May 21st, 2014] [Originally Added On: May 21st, 2014]
- 2 county workers take 5th - Thu, 22 May 2014 PST [Last Updated On: May 22nd, 2014] [Originally Added On: May 22nd, 2014]
- Shawn Vestal: County permit clerical mishap raises eyebrows - Fri, 23 May 2014 PST [Last Updated On: May 23rd, 2014] [Originally Added On: May 23rd, 2014]
- Spokane County workers use Fifth Amendment in back-dating case - Thu, 22 May 2014 PST [Last Updated On: May 23rd, 2014] [Originally Added On: May 23rd, 2014]
- Sexual abuse measure could lead to wrongful convictions, attorneys say [Last Updated On: September 1st, 2014] [Originally Added On: September 1st, 2014]
- 5th Amendment - Laws.com [Last Updated On: September 1st, 2014] [Originally Added On: September 1st, 2014]
- Wildstein takes the 5th - Video [Last Updated On: September 1st, 2014] [Originally Added On: September 1st, 2014]
- Teen charged with killing his mother appears in court [Last Updated On: September 1st, 2014] [Originally Added On: September 1st, 2014]
- New bill a powerful tool to imprison sex offenders [Last Updated On: September 2nd, 2014] [Originally Added On: September 2nd, 2014]
- Fifth Amendment (United States Constitution ... [Last Updated On: September 2nd, 2014] [Originally Added On: September 2nd, 2014]
- Cristin Milioti in The Good Wife - Julianna Margulies - Video [Last Updated On: September 4th, 2014] [Originally Added On: September 4th, 2014]
- Kansas Supreme Court: Grand jury violated man's Fifth Amendment rights [Last Updated On: September 6th, 2014] [Originally Added On: September 6th, 2014]
- GWB probe: Christie says he's not satisfied with unanswered questions [Last Updated On: September 9th, 2014] [Originally Added On: September 9th, 2014]
- Texas man's conviction overturned because of Fifth Amendment violation [Last Updated On: September 9th, 2014] [Originally Added On: September 9th, 2014]
- "Fifth Amendment" Defined & Explained - Law [Last Updated On: September 9th, 2014] [Originally Added On: September 9th, 2014]
- Cop Says 'You Must Be Doing Something Wrong if You Invoke Your Rights' (Video) [Last Updated On: September 12th, 2014] [Originally Added On: September 12th, 2014]
- Public be damned Litchfield latest example [Last Updated On: September 14th, 2014] [Originally Added On: September 14th, 2014]
- Volokh Conspiracy: What the posse comitatus case might mean for the future of the exclusionary rule [Last Updated On: September 15th, 2014] [Originally Added On: September 15th, 2014]
- Fifth Amendment - Video [Last Updated On: September 16th, 2014] [Originally Added On: September 16th, 2014]
- Top 5 Constitution-Related Searches at FindLaw.com [Last Updated On: September 18th, 2014] [Originally Added On: September 18th, 2014]
- The Fifth Amendment Eminent Domain - Video [Last Updated On: September 18th, 2014] [Originally Added On: September 18th, 2014]
- Apple And Google Will Force A Legal Battle Over The Privacy Of Your Passcode [Last Updated On: September 20th, 2014] [Originally Added On: September 20th, 2014]
- Civics- The Fifth Amendment (Sarah Hutchinson) - Video [Last Updated On: September 20th, 2014] [Originally Added On: September 20th, 2014]
- GOP fumes over Lerner remarks [Last Updated On: September 22nd, 2014] [Originally Added On: September 22nd, 2014]
- Google and Apple Wont Unlock Your Phone, But a Court Can Make You Do It [Last Updated On: September 22nd, 2014] [Originally Added On: September 22nd, 2014]
- Assistant to DeKalb CEO Ellis invokes 5th Amendment 30 times [Last Updated On: September 22nd, 2014] [Originally Added On: September 22nd, 2014]
- GOP fumes as Lois Lerner talks to press but snubs Congress [Last Updated On: September 24th, 2014] [Originally Added On: September 24th, 2014]
- Cry us a river, Lois Lerner [Last Updated On: September 24th, 2014] [Originally Added On: September 24th, 2014]
- Can You Go to Jail for Refusing to Testify? [Last Updated On: September 25th, 2014] [Originally Added On: September 25th, 2014]
- Fifth Amendment Projectb - Video [Last Updated On: September 25th, 2014] [Originally Added On: September 25th, 2014]
- The Commander Cody Band - Take The Fifth Amendment - 8/5/1977 - Convention Hall (Official) - Video [Last Updated On: September 27th, 2014] [Originally Added On: September 27th, 2014]
- Joey Gallo Takes The Fifth Amendment - Video [Last Updated On: September 30th, 2014] [Originally Added On: September 30th, 2014]
- Batavia High School teacher John Dryden retires [Last Updated On: October 4th, 2014] [Originally Added On: October 4th, 2014]
- Batavia High School teacher John Dryden retires from school district [Last Updated On: October 4th, 2014] [Originally Added On: October 4th, 2014]
- The Fifth Amendment Please Don't Leave Me Now - Video [Last Updated On: October 5th, 2014] [Originally Added On: October 5th, 2014]
- Man Denied Fifth Amendment While In Court Wearing Anti-Police Shirt, Still Won His Case (Video) [Last Updated On: October 6th, 2014] [Originally Added On: October 6th, 2014]
- Batavia teacher previously involved in Fifth Amendment dispute retires [Last Updated On: October 7th, 2014] [Originally Added On: October 7th, 2014]
- INFORMUCATE: THE FIFTH AMENDMENT - Video [Last Updated On: October 8th, 2014] [Originally Added On: October 8th, 2014]
- Fairholme Funds Appeals Fannie Mae and Freddie Mac Verdict [Last Updated On: October 11th, 2014] [Originally Added On: October 11th, 2014]
- Fresno Police Officer violated fifth amendment at a dui checkpoint. part 2 - Video [Last Updated On: October 11th, 2014] [Originally Added On: October 11th, 2014]
- Fresno Police Officer violated fifth amendment at a dui checkpoint. - Video [Last Updated On: October 11th, 2014] [Originally Added On: October 11th, 2014]
- Code cases: Police want phone access, but some pass [Last Updated On: October 12th, 2014] [Originally Added On: October 12th, 2014]
- All About - Fifth Amendment to the United States Constitution - Video [Last Updated On: October 16th, 2014] [Originally Added On: October 16th, 2014]
- Property Rights | Century Law Group - Video [Last Updated On: October 21st, 2014] [Originally Added On: October 21st, 2014]
- Scott and Crist have heated and personal final debate before November election [Last Updated On: October 22nd, 2014] [Originally Added On: October 22nd, 2014]
- Agents questioned, Askar takes the Fifth in Trombetta hearing [Last Updated On: October 22nd, 2014] [Originally Added On: October 22nd, 2014]
- Detective dodges questions about allegations made during rape investigation [Last Updated On: October 25th, 2014] [Originally Added On: October 25th, 2014]
- Disciplinary hearing for SB officer moved to later date - Video [Last Updated On: October 26th, 2014] [Originally Added On: October 26th, 2014]
- Court rules: Touch ID is not protected by the Fifth Amendment but Passcodes are [Last Updated On: October 31st, 2014] [Originally Added On: October 31st, 2014]
- Virginia Court: LEOs Can Force You To Provide Fingerprint To Unlock Your Phone [Last Updated On: November 1st, 2014] [Originally Added On: November 1st, 2014]
- Virginia judge: Police can demand a suspect unlock a phone with a fingerprint [Last Updated On: November 1st, 2014] [Originally Added On: November 1st, 2014]
- Judge Rules Suspect Can Be Required To Unlock Phone With Fingerprint [Last Updated On: November 1st, 2014] [Originally Added On: November 1st, 2014]
- Your Fingerprints Belong To Us: Iphone Users Forfeit 5th Amendment 1 - Video [Last Updated On: November 1st, 2014] [Originally Added On: November 1st, 2014]
- Civil Rights and Civil Liberties - Fifth Amendment - Shh! The Right to Remain Silent - Video [Last Updated On: November 1st, 2014] [Originally Added On: November 1st, 2014]
- All Your Fingerprints Are Belong To Us: iPhone Users Forfeit Fifth Amendment - Video [Last Updated On: November 2nd, 2014] [Originally Added On: November 2nd, 2014]