What Do You Know About The 25th Amendment?
There has been a lot of talking and articles written about using the 25th Amendment to replace President Trump during his 4 years in office. Mostly it has been just that – talk, that is until the General Election on November 3rd, 2020 and the days, weeks and months after when it became a disputed election. If you have followed my blogs you will note that I have posted about the 25th Amendment and about the sequence of events to be followed following a presidential election that has become disputed.
What followed the election was highly irregular, at best. One side determined that their candidate had won and the other side MUST concede even before the popular vote counts had been confirmed in each of the 50 states. In fact their candidate was not referred to as the projected president-elect, but simply “created” a non-existent office of president-elect, and was even referred to prematurely as the 46th POTUS and made the cover of newspaper and magazines long before the Electoral College votes had been confirmed and submitted to Congress.
The incumbent who contested the election was cast as simply a sore loser and urged to concede.
Then the events leading up to and occurring on January 6th, 2021 the date when the Electoral College votes were to be counted and confirmed and the president-elect officially declared during a joint session of Congress by Vice President Pence.
It is important for us to first look at the 25th Amendment (1967) of the Constitution and what it actually says. (Keep in mind that Section 1 “in case of the removal, death or resignation of the President”.)
Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
[This amendment clarifies the Constitution’s previously ambiguous language about presidential succession, explicitly confirming the long-standing custom that when a president dies in office the vice president becomes president, rather than acts as 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.
[If the vice presidency becomes vacant, the president may nominate a new vice president, subject to the confirmation of both the House and Senate. The amendment also provides procedures for replacing a president who becomes incapacitated.]
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.
|The events and hostilities that occurred on January 6th were in fact preplanned and coordinated to coincide with the MAGA rally held on that day so as to create the impression that patriotic Americans who supported President Trump were a violent and angry mob bent on violence. According to President Trump he offered to deploy 10,000 National Guard troops insure the peace in the area around the Capital in Washington, D.C. but that offer was refused by none other than the office of Speaker Pelosi who thought it would be bad optics. I have read the reports from Capital Police who said the intrusion into the Capital began shortly before President Trump began to speak. It’s interesting to note that once reports of intruders in the Capital, legislators were moved by Capital Police and law enforcement to safety and were under no direct threat. Of the deaths attributed to the intrusion that day only one, USAF veteran Ashli Babbitt (a Trump supporter) was shot and killed by a Capital Police lieutenant. Marchers have reported that Antifa members were in fact being escorted inside the Capital by Capital Police. I watched footage as the MAGA crowd began arriving (after a 45 minute walk) they were waved into a certain area of the Capital by Capital Police. Media footage of the crowd showed both individuals and families arriving outside the Capital, far from the violent angry mob. I have seen video and still shots of Antifa members forcing their way into areas inside the Capital and making their way to Speaker Pelosi’s office and other areas not generally accessible to the public. I watched a video of individual placing objects around the outside of the Capital during the hours of darkness prior to January 6th, 2021. I have also seen the FBI photo’s asking for identification of individuals inside the Capital and I have seen other staged photos of individuals inside the Capital on January 6th and in each case they are clearly not Trump supporters. However that did not stop the knee jerk reaction by House Democrat Jamie Raskin (Maryland) who introduced House Resolution 21 urging Vice President Pence to invoke the 25th Amendment. Clearly not the intent of the amendment as President Trump was fully able and functioning as President of the United States. I have read HR 21 and find its contents full of false misstatements (lies).|
Passed House (01/12/2021) (223 – 205)
This resolution calls upon Vice President Michael R. Pence (1) to immediately use his powers under section 4 of the Twenty-fifth Amendment to convene and mobilize the principal officers of the executive departments to declare that the President is unable to successfully discharge the duties and powers of his office, and (2) to transmit to the President pro tempore of the Senate and the Speaker of the House notice that he will be immediately assuming the powers and duties of the office as Acting President.
Even though Vice President Pence did not invoke the 25th Amendment it did not stop the House from presenting Articles of Impeachment to the Senate and attempting to take other unconstitutional actions against President Trump during his final days in office and in the weeks after leaving office.
I want to make a point that should Congress decide to go after a President who is clearly able to function as president, would they not hesitate to go after President Biden who clearly is not able to function as president? With a willing accomplice like Vice President Harris who would the temptation be too great not to claim her rightful place as the first woman president?
Harris would then have to name her Vice Presidential candidate, to be approved by both the House and the Senate; who could then invoke the 25th Amendment to have her removed from office and the circle of misuse of the 25th Amendment could theoretically continue until the General Election of 2024.
When you open Pandora’s box and let the cat out of the bag there is no way to make it right again? – I am the Real Truckmaster!