Does the Constitution Have an Escape Clause?

The Twenty-Fifth Amendment: Mack derides, Steve chides, Anne makes asides, and everyone switches sides.

REFERENCES

The great Constitutional scholars on the interwebs are talking about the Twenty-Fifth Amendment:

Constitution Annotated. “Twenty-Fifth Amendment.” https://constitution.congress.gov/constitution/amendment-25/

The idea of, “Oh, we’ll use the Twenty-Fifth Amendment to get rid of Trump”:

Common Cause. “Common Cause Calls on the Cabinet to Invoke the 25th Amendment.” https://www.commoncause.org/work/trump-is-unfit-to-serve/

Impeachment and expulsion:

History, Art, & Archives. “Impeachment.” https://history.house.gov/Institution/Origins-Development/Impeachment/

Which has failed twice:

Mascaro, Lisa; Jalonick, Mary Clare; Lemire, Jonathan; and Fram, Alan. “Donald Trump Becomes the First U.S. President to be Impeached Twice.”  January 13, 2021. PBS News. https://www.pbs.org/newshour/politics/majority-of-house-members-vote-for-2nd-impeachment-of-trump

It’s in Article II, Section 1, Clause 6:

Constitution Annotated. “Article II.” https://constitution.congress.gov/browse/article-2/section-1/clause-6/

The delegates of the Constitutional Convention:

National Archives. “Meet the Framers of the Constitution.” https://www.archives.gov/founding-docs/founding-fathers

Since the Cold War began:

Britannica Editors. “Cold War.” Revised February 18, 2026. Britannica. https://www.britannica.com/event/Cold-War

The advent of nuclear…:

Office for Disarmament Affairs. “Nuclear Weapons.” United Nations. https://disarmament.unoda.org/index.php/en/our-work/weapons-mass-destruction/nuclear-weapons

…and ballistic weapons:

Britannica Editors. “Ballistic Missile.” Updated October 24, 2025. Britannica. https://www.britannica.com/technology/ballistic-missile

The Civics on the Rocks Team would like to acknowledge that in this episode we use various colloquialisms to describe mental illness that some may find problematic. No offense was intended and we apologize if any was taken.

King George III went a little nutso:

Watson, John Steven. “George III.” Updated April 17, 2026. Britannica. https://www.britannica.com/biography/George-III

There are a lot of really good theories as to why that happened and how that happened:

Putnam, Polly. “The King’s ‘Malady’: George III’s Mental Illness Explored.” March 22, 2024. Historic Royal Palaces. https://www.hrp.org.uk/blog/the-kings-malady-george-iiis-mental-illness-explored/

Did people in the colonies know? Well, King Geoge III’s illness became public around 1788, and the final draft of the Constitution was signed in 1787, so it probably was not an influence on Article II.

In the Declaration, the grievances are against the King:

Zagarri, Rosemarie. “The Declaration’s Grievances Against the King.” National Constitution Center. https://constitutioncenter.org/essays/the-declarations-grievances-against-the-king

They pinned everything on Parliament and wrote nice letters and missives to the King:

American Battlefield Trust. “Petitioning the King and Parliament.” Updated July 23, 2025. https://www.battlefields.org/learn/articles/petitioning-king-and-parliament

The first Continental Congress and the Declaration of Rights and Grievances:

Horan, Katherine and Horecny, Zoie. “First Continental Congress.” Updated May 30, 2025. George Washington’s Mount Vernon. https://www.mountvernon.org/library/digitalhistory/digital-encyclopedia/article/first-continental-congress

The presidency was a wholly new creation:

Marion, David. “The Creation of the American Presidency.” Bill of Rights Institute. https://billofrightsinstitute.org/essays/the-creation-of-the-american-presidency/

Were there examples of governors removed in case of inability? We didn’t do a big deep dive on this, but Virginia has an excellent archive documenting its colonial governors, so there was…

…Sir John Harvey, who was removed as royal governor of Virginia for alleged treason:

Tarter, Brent. “Sir John Harvey.” Updated December 22, 2021. Encyclopedia Virginia. https://encyclopediavirginia.org/entries/harvey-sir-john-ca-1581-or-1582-by-1650/

…Francis Nicholson, who was removed as royal governor of Virgina for being uncouth and a jackass toward one particular woman (as well as political reasons):

Zacek, Natalie. “Francis Nicholson.” Updated December 22, 2021. Encyclopedia Virginia. https://encyclopediavirginia.org/entries/nicholson-francis-1655-1728/

…and Lieutenant Governor Robert Hunter who never served in Virginia because he was kidnapped by the French whilst in transit (Don’t worry. They were nice to him and he later got to be governor of another colony.):

Find a Grave. “Lieutenant Governor Robert Hunter.” https://www.findagrave.com/memorial/124558546/robert-hunter

So we’ll go with, yeah, there was some precedent.

When Woodrow Wilson had a stroke:

Woodrow Willson Presidential Library and Museum. “Thomas Woodrow Wilson.” https://www.woodrowwilson.org/about-woodrow-wilson-1

His vice president was Thomas R. Marshall:

Britannica Editors. “Thomas R. Marshall.” Updated May 28, 2025. Britannica. https://www.britannica.com/biography/Thomas-R-Marshall

But, also, Mrs. Wilson:

Markel, Howard. “When A Secret President Ran the Country.” October 2, 2015. PBS News. https://www.pbs.org/newshour/health/woodrow-wilson-stroke

The impetus for the Twenty-Fifth Amendment was Eisenhower:

Weiss, Marcia J. “Constitution Provides for the Incapacity of the President.” 2023. EBSCO. https://www.ebsco.com/research-starters/history/constitution-provides-incapacity-president

He had a history of heart attacks while in office:

Merschel, Michael. “The Presidential Heart Attack That Changed America.” February 15, 2024. American Heart Association. https://www.heart.org/en/news/2024/02/15/the-presidential-heart-attack-that-changed-america

Kennebunkport(?):

The White House Historical Association. “Presidential Vacations & Retreats: President & Mrs. Bush in Maine.” https://www.whitehousehistory.org/photos/presidential-vacations-retreats-president-mrs-bush-in-maine

Bethesda (so close!):

Military.com. “National Naval Medical Center.” https://www.military.com/base-guide/national-naval-medical-center

Wilford Hall(?):

Military.com. “Lackland Air Force Base Wilford Hall Medical Facility.” https://www.military.com/base-guide/lackland-air-force-base/contact/wilford-hall-medical-facility/2397

Johns Hopkins(?):

https://www.hopkinsmedicine.org/

Kennedy’s assassination:

John F. Kennedy Presidential Library and Museum. “November 22, 1963: Death of the President.” https://www.jfklibrary.org/learn/about-jfk/jfk-in-history/november-22-1963-death-of-the-president

With Lyndon Johnson specifically:

Britannica Editors. “Lyndon B. Johnson.” Updated March 2, 2026. Britannica. https://www.britannica.com/biography/Lyndon-B-Johnson

He’d always been concerned about his health:

Nichter, Luke A. “Who Really Was Lyndon B. Johnson?” November 4, 2024. Yale Books. https://yalebooks.yale.edu/2024/11/04/who-really-was-lyndon-b-johnson/

He was majority leader in the Senate:

United States Senate. “Lyndon B. Johnson: Master of the Senate.” https://www.senate.gov/about/parties-leadership/johnson-b-lyndon.htm

Two years after the Cuban Missile Crisis:

Britannica Editors. “Cuban Missile Crisis.” Updated April 8, 2026. Britannica. https://www.britannica.com/event/Cuban-missile-crisis

Intercontinental ballistic missiles have a flight time of about 30 minutes, at the longest:

The Center for Arms Control and Non-Proliferation. “Fact Sheet: Ballistic vs. Cruise Missiles [PDF].” https://armscontrolcenter.org/wp-content/uploads/2017/04/Ballistic-vs.-Cruise-Missiles-Fact-Sheet.pdf

Didn’t Harrison die very slowly:

Bomboy, Scott. “What Really Killed the First President to Die in Office?” April 4, 2018. National Constitution Center. https://constitutioncenter.org/blog/what-really-killed-the-first-president-to-die-in-office

McKinley lingered for several days:

History.com Editors. “President McKinley Dies of Infection From Gunshot Wounds.” Updated May 28, 2025. History.com. https://www.history.com/this-day-in-history/september-14/mckinley-dies-of-infection-from-gunshot-wounds

Garfield did as well:

Markel, Howard. “The Dirty, Painful Death of President James A. Garfield.” September 16, 2016. PBS News. https://www.pbs.org/newshour/health/dirty-painful-death-president-james-garfield

Mack is incorrect. Harrison was only president for 32 days:

Roos, Dave. “7 U.S. Presidents With the Shortest Stints in the Oval Office.” Updated May 28, 2025. History.com. https://www.history.com/articles/us-presidents-shortest-terms-oval-office

Zachary Taylor drank the milk:

History.com Editors. “President Zachary Taylor Dies Unexpectedly.” Updated July 21, 2025. History.com. https://www.history.com/this-day-in-history/july-9/president-zachary-taylor-dies-unexpectedly

President Harrison is known for giving an exceptionally long inaugural address outside in the cold, but if you check the previous reference, most historians don’t believe that’s the only thing that contributed to his demise.

The were actually two years that the United States had three presidents. There is 1841 as Mack describes, and 1881:

Periodic Presidents. “Three Presidents, One Year.” https://periodicpresidents.com/2022/09/22/three-presidents-one-year/

President John Tyler succeeded President Harrison (and later died a Confederate traitor):

History.com. “President John Tyler Dies.” Updated May 28, 2025. History.com. https://www.history.com/this-day-in-history/january-18/john-tyler-dies

President Taylor both drank the milk and ate bad cherries, see previous reference.

WALTER REED(!):

Walter Reed National Military Medical Center. “Our Rich History.” https://walterreed.tricare.mil/About-Us/Facilities/Our-Rich-History

Yes, it was ratified during Johnson’s presidency. We ramble a bit on this point, so here’s a nice summation of how the Twenty-Fifth Amendment came to be:

History.com “25th Amendment.” Updated May 21, 2025. History.com. https://www.history.com/articles/25th-amendment

i.e., impeachment:

USA.gov. “How Federal Impeachment Works.” Updated November 13, 2025. https://www.usa.gov/impeachment

We’re not the only ones who find parts of the Twenty-Fifth Amendment murky. Despite Anne’s objections, most Constitutional scholars agree with Mack. The President would have to sign the review board into being:

Shanton, Karen L. “The Twenty-Fifth Amendment: Sections 3 and 4—Presidential Disability.” Congress.gov. https://www.congress.gov/crs-product/IF11756

This is why Anne and some others think it is currently happening today:

Siette, Joyce and Strutt, Paul. “We Can’t Know if Donald Trump Has Dementia. Even if He Did, It Wouldn’t Excuse His Actions.” April 22, 2026. The Conversation. https://theconversation.com/we-cant-know-if-donald-trump-has-dementia-even-if-he-did-it-wouldnt-excuse-his-actions-281131

Alas, there were quite a lot of people who voted for him:

Lindsay, James M. “The 2024 Election by the Numbers.” December 18, 2024. Council on Foreign Relations. https://www.cfr.org/articles/2024-election-numbers

There are some Democrats who are proposing legislation to establish the very board that is called for in the Twenty-Fifth Amendment:

Stein, Chris. “House Democrats Call for Commission Led by J.D. Vance to Oust Trump.” April 14, 2026. The Guardian. https://www.theguardian.com/us-news/2026/apr/14/congress-25th-amendment-commission-trump-jd-vance

He’s wildly unpopular in the polls right now:

Hartig, Hannah and Kiley, Jocelyn. “Confidence in Trump Dips, and Fewer Now Say They Support His Policies and Plans.” January 29, 2026. Pew Research Center. https://www.pewresearch.org/politics/2026/01/29/confidence-in-trump-dips-and-fewer-now-say-they-support-his-policies-and-plans/

His hardcore supporters are turning coat and going online and saying, “Oh, I was wrong to vote for him…”:

Nteta, Tatishe; Eichen, Adam; and Rhodes, Jesse. “Why A Growing Number of Trump Supporters are Experiencing Voter’s Remorse.” May 14, 2026. The Conversation. https://theconversation.com/why-a-growing-number-of-trump-supporters-are-experiencing-voters-remorse-282230

J.D. Vance will be whoever his top dollar needs him to be:

Wendling, Mike. “J.D. Vance: The ‘Hillbilly’ MAGA Loyalist Who Became Vice President.” March 4, 2025. BBC. https://www.bbc.com/news/articles/cn07dv4mrg2o

You let the wrong document out of the Epstein files:

Fowler, Stephon. “Justice Department Withheld and Removed Some Epstein Files Related to Trump.” Updated February 24, 2026. NPR. https://www.npr.org/2026/02/24/nx-s1-5723968/epstein-files-trump-accusation-maxwell

You don’t have to do it on the graft:

Waldman, Michael. “Epic Corruption in Plain Sight.” May 19, 2026. Brennan Center for Justice. https://www.brennancenter.org/our-work/analysis-opinion/epic-corruption-plain-sight

You don’t have to do it on the shambles that is his job as an executive:

Corbin, Steve. “Trump’s Troubled Appointees Face Scandals, Backlash, and Low Support [Opinion].” March 25, 2026. The Fulcrum. https://thefulcrum.us/ethics-leadership/trump-administration-scandals-2026

While Mack is correct that several million pages of the Epstein files are already out there, many contend that there are more that should be released under the auspices of the Epstein Files Transparency Act:

Matza, Max. “U.S. Government Watchdog to Investigate Epstein Files Release.” April 23, 2026. BBC. https://www.bbc.com/news/articles/cvg0rkvjlvvo

Unfortunately, Mack is right that the Epstein files are not a dealbreaker for some people:

Blake, Aaron. “How Polls Show Republicans Shifted Away From Caring So Much About Jeffrey Epstein.” February 10, 2026. CNN. https://www.cnn.com/2026/02/10/politics/republicans-epstein-shift-polls

But for others, it very much is:

Iqbal, Nomia and Pigliucci, Cai. “Why This Disillusioned Trump Voter Spends Hours Searching Epstein Files.” April 11, 2026. BBC. https://www.bbc.com/news/articles/cx237vmr2lyo

Not quite our first cocktail, the Metropolitan:

https://www.thespruceeats.com/metropolitan-cocktail-recipe-759325

Our second actual cocktail cocktail, the Pegu Club:

https://www.liquor.com/recipes/pegu-club-2/

Mack is reading “Paul Revere’s Ride” by Henry Wadsworth Longfellow:

Wadsworth Longfellow, Henry. “Paul Revere’s Ride.” Poets.org. https://poets.org/poem/paul-reveres-ride

Poetry is poetry because it’s in meter:

Poets.org. “Meter.” https://poets.org/glossary/meter

Unless it’s in free verse:

The Oregon State Guide to Poetry. “‘What is Free Verse?’: A Literary Guide for English Students and Teachers [Video].” https://youtu.be/13cW2vXOMxU?si=OojoLq3mpQTqKZDH

Several of his poems were written in dactylic hexameter:

Poetry Foundation. “Hexameter.” https://www.poetryfoundation.org/education/glossary/hexameter

An anapest:

Poetry Foundation. “Anapest.” https://www.poetryfoundation.org/education/glossary/anapest

A poem by Lord Byron, “The Destruction of Sennacherib”:

Lord Byron. “Destruction of Sennacherib.” Poetry Foundation. https://www.poetryfoundation.org/poems/43827/the-destruction-of-sennacherib

The song by Eminem that Mack references is “The Way I Am” (This one is interesting because most of the song is in anapestic tetrameter but the chorus is not. Can you hear the difference?):

https://youtu.be/82lB-gI-uuQ?si=dA4GbXXTcJGev9GG

“‘Twas the Night Before Christmas” was anapestic:

Clarke Moore, Clement. “A Visit From St. Nicholas.” Poetry Foundation. https://www.poetryfoundation.org/poems/43171/a-visit-from-st-nicholas

“Song of Hiawatha”:

Wadsworth Longfellow, Henry. “The Song of Hiawatha.” Gutenberg.org. https://www.gutenberg.org/files/19/19-h/19-h.htm

“Evangeline”:

Wadsworth Longfellow, Henry. “Evangeline: A Tale of Acadie.” https://poets.org/poem/evangeline-tale-acadie

The Artemis II mission:

https://www.nasa.gov/mission/artemis-ii/

Outlook didn’t work:

White, Jeremy. “Even Artemis II Astronauts Have Microsoft Outlook Problems.” April 2, 2026. Wired. https://www.wired.com/story/artemis-ii-microsoft-outlook-problems/

There was a toilet problem:

Goodwin, Grace Eliza. “Artemis II Astronauts Have Toilet Trouble on Their Way Towards the Moon.” April 5, 2026. BBC. https://www.bbc.com/news/articles/c87wy05wr4no

When they finally splashed down:

https://www.youtube.com/live/6No6LCFa-C8?si=TPjhKINQlttJSpUF

With such a diverse crew:

NASA. “Our Artemis Crew.” https://www.nasa.gov/feature/our-artemis-crew/

The farthest anybody has ever been from the Earth ever:

Taveau, Jessica. “NASA’s Artemis II Crew Eclipses Record for Farthest Human Spaceflight.” April 6, 2026. NASA. https://www.nasa.gov/news-release/nasas-artemis-ii-crew-eclipses-record-for-farthest-human-spaceflight/

Especially when they were on the far side of the Moon:

Los Angeles Times. “Photos From the Dark Side of the Moon by Artemis II.” April 7, 2026. https://www.latimes.com/california/story/2026-04-07/photos-from-dark-side-of-moon-by-artemis-ii

There’s a bright spot on the moon and we would like to name it Carroll:

Treisman, Rachel. “Astronauts Suggest Naming a Moon Crater ‘Carroll’ After Their Commander’s Late Wife.” April 8, 2026. Houston PBS. https://www.houstonpublicmedia.org/articles/news/local/2026/04/08/548460/artemis-moon-crater-carroll-wiseman/

The one of Christina Koch sitting on the helicopter:

White, Matt. “How a Navy Photographer Snapped an Iconic Artemis II Astronaut Photo.” April 15, 2026. Task and Purpose. https://taskandpurpose.com/news/august-clawson-artemis-ii-photos/

She’s just giving it a big hug:

https://www.nasa.gov/image-detail/artemis-ii-recovery-61/

What did the administration or Republicans say about this:

Riddle, Katia. “What’s Behind Trump’s Seemingly Lackluster Response to Artemis II’s Lunar Mission [Audio and transcript].” April 9, 2026. NPR. https://www.npr.org/2026/04/09/nx-s1-5777551/whats-behind-trumps-seemingly-lackluster-response-to-artemis-iis-lunar-mission

The frickin’ service module was from the ESA:

European Space Agency. “Artemis II.” https://www.esa.int/Science_Exploration/Human_and_Robotic_Exploration/Orion/Artemis_II

The amount of group hugs:

https://www.nasa.gov/image-detail/amf-art002e013367/

The name of the capsule is Integrity but it is the Orion capsule:

Kraft, Rachel H. “Artemis II Crew Members Name Their Orion Spacecraft.” September 24, 2025. NASA. https://www.nasa.gov/blogs/missions/2025/09/24/artemis-ii-crew-members-name-their-orion-spacecraft/

The Artemis II escape capsule:

Lockheed Martin. “When Milliseconds Matter: How Orion’s Launch Abort System Protects Astronauts.” September 25, 2025. https://www.lockheedmartin.com/en-us/news/features/2025/how-orion-s-launch-abort-system-protects-astronauts.html

It is Apollo, but also not:

NASA. “Apollo to Artemis.” February 27, 2024. https://www.nasa.gov/reference/apollo-to-artemis/

They’ve apparently learned a little more mythology since the ‘60s:

Britannica Editors. “Artemis.” Updated May 4, 2026. Britannica. https://www.britannica.com/topic/Artemis-Greek-goddess

Draw the parallel with Appollo 8:

PBS. “The Event That Saved 1968.”  https://www.pbs.org/wgbh/americanexperience/features/moon-event-saved-1968/

‘Til Artemis IV:

https://www.nasa.gov/mission/artemis-iv/

Here is the recipe for a Negroni, though Steve and Anne recommend making it with Peychaud’s Aperitivo rather than Campari:

https://www.liquor.com/recipes/negroni/

Science claims that denatonium is the bitterest substance on Earth, but Anne thinks that’s just because they haven’t tried Campari:

Science Direct. “Denatonium.” https://www.sciencedirect.com/topics/agricultural-and-biological-sciences/denatonium

Within 5 years of it getting ratified, Nixon used it to replace Spiro Agnew:

History.com Editors. “Vice President Agnew Resigns.” Updated May 27, 2025. History.com. https://www.history.com/this-day-in-history/october-10/vice-president-agnew-resigns

The second time it got used was by Gerald Ford:

Bomboy, Scott. “Gerald Ford’s Unique Role in American History.” July 14, 2024. National Constitution Center. https://constitutioncenter.org/blog/gerald-fords-unique-role-in-american-history

This book was called The Night of Camp David:

Fletcher Knebel. Night of Camp David. 1965. Harper & Row.

Follows the law more often:

Lawfare. “Trump Administration Litigation Tracker.” Updated May 11, 2026. https://www.lawfaremedia.org/projects-series/trials-of-the-trump-administration/tracking-trump-administration-litigation

The midterms are coming up, real fast:

https://www.usvotefoundation.org/when-are-2026-midterm-elections-and-what-their-purpose

Doing a little research and voting:

https://www.vote411.org/

Making sure you’re registered to vote:

https://www.bexar.org/1701/Voter-Registration

It’s a food bank:

https://safoodbank.org/

It’s a diaper bank:

https://www.texasdiaperbank.org/

And several space captains from science fiction have been played by Canadian actors. But you already knew that.