If the Vice President in the form of an obviously unjust attempt to remove a fully capable President via the 25th Amendment were to become acting President would they be eligible for impeachment as the Constitution allows a President to be impeached?
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5Any reason why you'd think they wouldn't? The VP is just as impeachable as the President, regardless of whether they're acting as President or not.– BobsonCommented Jan 11, 2021 at 3:26
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I think that maybe the Vice President would literally become acting president and not be VP anymore and have to power to nominate a VP.– The MambaCommented Jan 11, 2021 at 3:28
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@The Mamba: Being Acting President is not the same thing as being President. For a non-political example, suppose a President is rendered unconscious for a significant period, perhaps by a stroke, or (as with Reagan) by wounds suffered in an assassination attempt, but is expected to fully recover. Then the VP is Acting President until the President recovers and can resume his duties. (But in your supposed unjust case, Congress could reject the use of the 25th Amendment far more easily than it could impeach.)– jamesqfCommented Jan 11, 2021 at 4:12
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The VP can't do this alone, so they would have to convince enough Senior Cabinet Members to go along with it, which if it's not a legal move, likely wouldn't happen, especially when those cabinet members could be impeached as well. simple.wikipedia.org/wiki/…– computercarguyCommented Jan 11, 2021 at 23:54
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The president cannot be "removed" by the 25th Amendment. Section 4 can only be used to transfer the powers and duties of the president to the vice president as acting president. The president remains in office, and retains the title; but can no longer act, except as provided in section 4 to again assume those powers and duties.– Rick SmithCommented yesterday
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2 Answers
Impeachment is not unique to the presidency. Any civil officer of the US Federal government can be impeached and removed from office through the constitutional procedure. Most impeachments in US history have been of Federal judges. A Vice President could be impeached. So could an Acting President, whatever office such a person had previously held.
Also the 25th Amendment (section 4) process does not "remove" a President. It merely substitutes an Acting President until whatever disability or inability to perform the duties of the office the VP and Cabinet have certified no longer exist.
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1Slight correction: all civil officers can be impeached. Impeachment doesn't apply to military officers.– cpastCommented Jan 11, 2021 at 4:15
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2Article II: "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."– cpastCommented Jan 11, 2021 at 4:22
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1@cpast You are correct, I had the article I passages in min d. I have corrected my answer. Commented Jan 11, 2021 at 4:30
Yes. This could be done. Nothing about the constitutional law of impeachment forbids it.
answered Apr 27, 2021 at 20:13
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Just because something isn’t forbidden doesn’t mean it is legal. Commented Apr 27, 2021 at 20:33
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3@EkadhSingh Actually, it does. There is even a cute little Latin phrase for the principle, Nulla poena sine lege See also the plain English version of U.S. Constitutional law. en.wikipedia.org/wiki/…– ohwilleke ♦Commented Apr 27, 2021 at 20:35
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@EkadhSingh Maybe what you meant is that not being forbidden by the Constitution doesn't mean it's legal. Most rules about what is legal or illegal are in statutes, not the Constitution.– BarmarCommented May 1, 2021 at 17:36
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@Barmar No, I just had no idea what I was talking about :D Commented May 1, 2021 at 17:39