Contrary to hopes of many, provisions in the Twenty-Fifth Amendment to the Constitution that provide for removal from office of a President “unable to discharge the powers and duties of his office” could give trump an excuse to suspend November 3 mid-term elections. 1/22

We should be concerned. [FN1] In the past year, trump has mused that he might, then might not, suspend the mid-terms. [FN2] He has no such authority, [FN3] but he doesn’t have authority to attack another country without provocation or a declaration of war. [FN4] 2/22

There’s not even a resolution under the War Powers Act. [FN5] Yet we are over seven months into his attacks on Iran.
This situation is different.
No American election ever has been suspended or delayed. Even in times of war (War of 1812, WW1 and WW2) or insurrection (Civil War), elections have been held. 3/22

Because trump’s behavior, speech, etc, are deteriorating rapidly, some suggest Amendment XXV be invoked. It provides that when the V Pres & a majority of the principal officers of the “executive departments [i.e., the cabinet] transmit to” the Senate’s President pro tem 4/22

and the Speaker of the House their “written declaration that the President is unable to discharge the powers and duties of his office,” the V Pres shall immediately assume the powers and duties of the office...” The President can send “written declaration that no inability exists” 5/22

and “shall resume the powers and duties of his office” unless the VP & a majority of the cabinet reply. Then “Congress shall decide the issue, assembling within [48] hours ... for that purpose if not in session [or] within” 21 days after receipt of the last declaration. [FN6] 6/22

We should not be brimming with confidence that Republican members of Congress will display courage any greater than Sen Josh Hawley (R-MO) when, on Jan 6, he set an unofficial record for sprinting on the Capitol’s waxed marble floors while wearing Florsheim loafers. 7/22

Matters are worse than even a few months ago:
1) Elections barely > 3 weeks away;
2) trump is pulling GOP candidates down [FN7];
3) All 435 House seats & 35 Senate seats are on the ballot; & then there’s 8/22

4) The Supreme Court. If the GOP loses control of the Senate [FN8] the GOP will have to move fast and coordinate retirements of 78-year-old Clarence Thomas and 76-year-old Samuel Alito, [FN9] Can you imagine Aileen Cannon on the Court? Her pro-trump rulings in the 9/22

Mar-a-Lago documents case has members of the legal community still shaking their heads. And she’s not yet 50. [FN10] It’s taken a lot of $ and effort to line up a 6-3 majority that has bastardized the law. That’s why Amendment XXV might not check trump’s power. 10/22

It might solidify maga control of this country. Here’s how it could play out:
Oct 26: Near the end of business, Vance files the Amend XXV paperwork, simultaneously announcing elections are suspended given this grave crisis. 11/22

Oct 27: Various groups, political parties and members of Congress file suit to reinstate the elections + emergency motion for immediate relief. Vance, trump, etc, demand a chance to reply to everything that has been filed. Roberts, C.J., grants time to reply. 12/22

By then, our gov’t will be cooked. trump is in on the effort, and might even get cold feet.it’s difficult to believe he’d play along, but a quick call from Putin & a brochure from Vlad of windows in really high buildings could encourage trump to believe all is well. 13/22

Vance can re-visit matters, say trump never was nuts, and turns the reins back to trump, who goes after anyone he never liked. If you there might people in the GOP to stop this, think back to Jan 6. Sen Graham and Sen McConnell reversed positions fast. 14/22

GOP leaders probably would congratulate each other & brag about how well our system works. Aileen Cannon would be sworn into office of one of the two now-vacant seats at the Supreme Court. People who had wanted to invoke Amend XXV would be castigated, and ....15/22

trump and his minions would be smug and happy. Maybe they’d have a parade for success of Amendment XXV as well as ceremonies for Cannon’s swearing in as a new justice on the highest Court. Be careful what you wish for. 16/22

Footnotes:
FN1. That is “concern” as “interest, anxiety” (The Merriam-Webster Dictionary, 1974 ed., p. 157, and not the faux concern expressed frequently by Sen Susan Collins (R-ME) before she caves, on matters trumpian, in a Senate vote. 17/22

FN2. Zac Anderson, “Trump Doesn’t Rule Out Invoking the Insurrection Act Around Election,” USA Today, 10/1/26, accessed 10/9/26; Nik Pooli, “Trump Floats Cancelling Election, Then Insists He Won’t,” TIME, 1/6/26, accessed 10/9/26. 18/22

FN3. Rick Hasen, “Despite President Trump’s Claims of Foreign Election Interference, He Has No Legal Authority To Declare a National Emergency and Unilaterally Nationalize Elections,” Election Law Blog, 9/2/26, accessed 10/9/26.
FN4. Const. Art I,, sec 8. 19/22

FN5. 50 U.S.C. §1541, et seq.
FN6. Const. Amend XXV, §4.
FN7. See, Nate Silver and Eli McKown-Dawson, “How Popular is Donald Trump?” Silver Bulletin, 10/9/26, accessed 10/10/26; also, see Real Clear Polling, Battle for the House and Battle for the Senate, 2026. 20/22

FN8. The new Senate and new House will be sworn into office January 3, 2027. Ballotpedia, “United States Congress elections, 2026,” accessed 10/10/26. 21/22

FN9. Tom Boggioni, “Threat of abrupt Alito and Thomas retirements has conservatives panicked over backlash,” Raw Story, 10/8/26, accessed 10/10/26.
FN10. Tom Borman, “Judge’s Cannon Fodder For the Legal Scene,” Law Fuel,12/29/24, accessed 10/10/26. 22/22