Boots & Sabers

The blogging will continue until morale improves...

Owen

Everything but tech support.
}

0818, 09 Oct 20

25th Amendment

In case you were wondering, here is the 25th Amendment to the Constitution of the United States of America. Pelosi’s show hearings are just that… a show. She has no power here.

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.

}

0818, 09 October 2020

19 Comments

  1. Merlin

    What else can she do? Crossfire Hurricane failed. Mueller fiasco failed. Failed to stop the Kavanaugh confirmation. Failed to have Trump removed through impeachment. Failed to kill the new NAFTA. Failed to derail the Durham investigation(s). Covid didn’t kill Trump. Can’t stop the Barrett confirmation. Has already threatened a second impeachment. Burn, loot, and mayhem isn’t working like they thought it would. #WalkAway is gaining momentum. Might as well go big on the 25A and then go home for good.

  2. steveegg

    I see Nancy Pelosi introduced legislation to create an alternate body to determine the President’s fitness.  Though nobody has the text just yet, I see just a few problems:

    – Assuming Donald Trump doesn’t sign that bill, it’s going to take 2/3rds of the House and 2/3rds of the Senate to make it law.  Ironically, that 2/3rds of both Houses of Congress is the same requirement that Section 4 imposes on the Vice President to win in order to take control should there be a dispute between him and the President on the fitness of the President.

    – Speaking of the Vice President, without his explicit approval, Pelosi’s Coup Plotters would be powerless per Section 4.  Do note the placement of the word “either”.

    – Section 4 does not apply to an Acting President, which Mike Pence would become in addition to being Vice President if it were successfully applied against Trump.

    – Similarly, if Section 4 were successfully applied against Trump, while he would be stripped of the powers of the Presidency, he would not cease to be President.  Indeed, if something terminal were to happen to Pence while he was Acting President, there would be a case to be made that Trump, not Pelosi, would have the powers of the Presidency.

  3. Kevin Scheunemann

    Practice for taking out a senile Biden.

     

  4. steveegg

    Kevin, do you believe that the Cabinet would side with the Bidens or with Harris in that situation?  If you believe the former, I have a bridge to sell you.

  5. Le Roi du Nord

    Maybe the tiny little windows/little tiny fish rant on faux news will convince saner folks to invoke the 25th.

  6. Kevin Scheunemann

    Steve,

    At some point, even the most loyal have to admit he is not an alive, functional human being.

  7. steveegg

    The big questions are – how long can the Harris camp keep Joe Biden in a Weekend at Bernie’s state, and is Jill Biden as ambitious as Edith Wilson?

    A full-on Pelosi Putsch would have been easier to pull off prior to the 25th Amendment as, had Congress passed a law on determining whether/when a President or Vice President was unable to perform their duties, she would not only not needed Pence’s approval to target Trump, but she could have also targeted Pence, and neither Trump nor Pence would have had any recourse to challenge her.

  8. jjf

    Le Roi, what about the “I won the second debate” rant?  Or that he won’t waste his time on a virtual debate, said while conducting an hour-long virtual interview?

  9. Mar

    Clearly Senile Joe is not with it and Harris is not far behind. Refusing to answer questions, legitimate questions like if they will add additional judges to the Supreme Court, shows their incompetence, lack of leadership and cowardice.

  10. dad29

    Gingrich said it first, and I agree:  the target here is Biden.

    It’s also possible that Pelosi is walking around her office suite, rubbing her hand madly, and yelling “Out, out, damned spot!!” while pumping out new and more insane ideas every couple of days to keep herself relevant and keep Biden out of the news.

     

  11. Pat

    You lost me after, “Gingrich“.

    And old has been who resigned from office in disgrace.

  12. Le Roi du Nord

    Not only a has been, but a serial adulterer and hypocrite.  But he claims to be a “conservative”, and uphold family values.

  13. Mar

    So, Pat,you automatically stop reading when Gingrich name is invoked?
    Even though he is a constitutional scholar, a college professor,wrote numerous books and is generally a very smart man but not perfect?
    Must be nice to be perfect like yourself.

  14. Pat

    Marbles,

    Obama is a constitutional scholar, a college professor, wrote numerous books, generally a very smart man, and was President of the United States.

    I’m sure you hang on every word he speaks.

  15. dad29

    Obama was a lecturer, not a professor.  He never wrote a book, but he did cooperate with his ghost-writers.  The US has made many mistakes in electing Presidents–and he’s one of the more awful ones.

    But you’re right; he’s pretty smart.

  16. Pat

    Trump’s the biggest mistake.

  17. Le Roi du Nord

    Pat:

    Without a doubt, the worst.

  18. jjf

    Dad29, who was paid as Obama’s ghostwriter for “Dreams Of My Father”?

Pin It on Pinterest