7-21-2024
Joe Biden Kamala Harris and The 25th Amendment
Three years ago there was House Resolution 21, 1-11-2021, Rep Jamie Raskin (D-MD) calling for VP Mike Pence to use the 25th Amendment to remove President Trump from office with Democrats saying he was unfit to execute his duties as President.
I have long said the President Joe Biden had no business being president as Kamala Harris had no business being Vice President either. What we have seen over the past four years should have been a vindication for me and as the Democratic Party seems to be imploding from within it has only gotten worse.
With Biden’s obvious mental faculty decline and seemingly nobody steering the ship of state I wonder why there has been no push for VP Harris to pull the 25th Amendment handle which obviously needs to be pulled?
After the disastrous Biden-Trump “debate” the nation has gotten a good look at the competency of the President. The Democratic members of Congress, the former Speaker of the House, the Majority Leader of the Senate and even former President Obama have exerted so much pressure for Biden to make a decision (which had he already made).
It was after President Biden tested positive from COVID and under immense pressure that it was released to the press that Biden would not seek reelection and supports VP Harris for President. Except at this point the DNC doesn’t want her to be the nominee, but has no idea who will get the nomination.
At this moment it’s clear that President Biden won’t resign of his own volition, but it’s not so clear he can last until January 20th, let alone until November 5th. Should VP Harris use the 25th Amendment she would become the “Acting President” until Biden recovers or the election. I don’t think that has ever happened before?
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 3 “Whenever the President transmits to the President pro temp of the Senate (VP Harris) and the Speaker of the House (Speaker Johnson) his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits a written declaration to the contrary”.)
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.
H.Res.21 – Rep. Jamie Raskin (D-MD) Introduced 1-11-2021 – House Judiciary
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 when Congress decided to go after President Trump who was clearly able to function as president; they did 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 claim her rightful place as the first East Asian American of Indian descent and the first woman president – what would she have to lose?
When you open Pandora’s box and let the cat out of the bag there is no way to make it right again? – RTM
The Real Truckmaster 