Wouldn’t she need the Senate to enforce it?
Yes she would need 2/3rds of the Senate.
And even if Trump was temporarily incapacitated. Pence as Acting President, would nominate a VP, cutting Pelosi off. And as soon as Trump recovered, he’d resume the office with no problem.
Amendment XXV
Section 1.
In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
Section 2.
Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
Section 3.
Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
Section 4.
Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
“Wouldnt she need the Senate to enforce it?”
She’d need the backing of the Republican Senate, Pence and the majority of Trump’s cabinet. In other words, she’s blowing smoke.
No, not the Senate. She would need 2/3 of BOTH houses.
The fact she mentions this is utterly amazing because it shows how uneducated she is. 25th is MUCH harder to pull off than impeachment.
25th is designed for a president who is in a coma or has a stroke, and works well for that.
You’d actually need more than just a majority in the Senate. It takes a bigger margin to enforce the 25th amendment over the objections of the President than it would take to impeach him. It was intentionally designed that way to prevent it from being used as a backdoor impeachment.
I’m sure professional politicians know this, so when they bring up the 25th amendment as if it were a practical way to remove a political opponent, I assume they are just tossing out red meat to their base, because they know it will never happen.