…truth, justice, and the provisions of the 25th Amendment:
At some point in the not-to-distant future, I was told by a source close to Trump, there is a growing fear that someone in his own inner-circle may whisper the words '25th Amendment,' end the Trump presidency and usher in 'The Age of Ultron' — I mean Vance," Karem writes.Yeah, no. The 25th amendment does not alter the provisions of Article I, sec. 2, clause 3, and section 3, cl. 6. It does not bypass impeachment and trial, in other words.
Section 3Under sec. 3, Trump has to declare himself unfit. Trump could be intubated and in a medically induced coma and still have staff spitting out “truths” to prove he was fine.
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.
Sec. 4 just sets up a fight of the kind you see on a Netflix political drama. It would please a Democratic Congress no end to watch Trump and Vance fight. Hell, they could vote for Trump over Vance and enjoy the Night of the Long Knives at the other end of Pennsylvania Avenue. It would severely weaken Trump’s presidency, but he’s a lame duck anyway. Yes, the 25th would end the Trump presidency; just not with a bang, but a whimper. It would end MAGA, it would end Vance, it would end Thiel.
But Vance and the Cabinet are never going to do it, for that very reason.
Sorry to ruin your Netflix fantasy.
Maybe if all of the current cabinet were offered keeping their jobs and a pardon from Vance (assuming Trump doesn't give them one and I wouldn't bet on that unless I had it in my hands) there's no incentive for the to shove Trump aside though his trade representative seems to be throwing him under the bus re Epstein. The flaw in that provision is that unless the people involved with making that decision have enough honor to put the welfare of the country ahead of theirs it will never be done and many Democrats at that level and absolutely no Republican will ever do that. Presidential systems that don't have a real mechanism for replacing a living and semi-conscious president are extremely dangerous, especially when they don't do things likre require an objective health and mental fitness test be given to any candidate with the results made public before they can run. I think ours could use one of those, it's not as if there's a right to be president, it's a privilege. It's insane that the health and fitness requirements aren't those to get some of the lowest paying jobs in the country. But, then, lots of our system is insane.
ReplyDeleteWouldn’t that be ableist and ageist and…why isn’t it “mentalist”? Come to think of it, I think the first two terms have fallen out of favor. Good thing, too. Really kind of stupid. “The road to hell is paved with good intentions,” and all that..
DeleteIn the immortal words of Dennis the Menace, Hello Mrs. Wilson.
ReplyDelete