That 25th Amendment

Discussion in 'Political Science' started by btthegreat, Nov 1, 2022.

  1. btthegreat

    btthegreat Well-Known Member

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    Whether you are trying to rid yourself of an uncooperative and incompetent/ demented President or an uncooperative and competent President, that amendment was not worth the ink that was used, or the wear and tear on the shoes to walk to get the ink.

    Just look at what it entails
    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.
    All the initiative at this stage comes from a majority of a cabinet full of sycophants, loyalists, partisans, and employees of the President needing that job/income to even get it into Congressional hands. The only reason Captain Quig got his mutiny was because they feared for their lives if they didn't remove him.

    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.
    This is the "No I am just fine. They are lying/exaggerating ' letter he sends to Capital Hill, whereupon he grabs the reigns of power back and fires all the mutineers in his cabinet he can't negociate, bribe, or coerce back into the loyal fold, except the VP in the next four days.
    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.
    Now Congress has less than a month, to create a committee, establish unprecedented procedures, hear evidence on constitutional questions that might lead to challenge, hear evidence from witnesses, subpoena medical testimony and access to records, examine them, demand more medical or clinical evaluations based on what they see, take a recalitrant executive to court while he puts up roadblocks and refuses all requests, seek emergency relief/appeal from SCOTUS, and get the case heard and a decision reached and all that assumes you have a secure majority in the House, and a filibuster proof majority in the Senate for each of these stepsto move these processes along, leading up to the final 2/3rd votes in both the House and Senate to remove him.

    I know that I would never vote to remove a duly elected President (yes even the deplorable Donald Trump), without compelling expert evidence on the nature of the disability and possible mitigating treatment/intervention that may provide relief, and no President is going to walz to some gerentologist or neurologist on the whims of a Congress to provide that. Congress can ask or demand for anything it wants using whatever process it likes. There is no realistic mechanism to enforce the taking of any test, any clinical expert assessment or diagnosis, if the President says 'No thanks, I like my HIPPA privacy, I'm not feeling it'

    All that amendment realistically covers, is either a cooperative President who initiates the process for elective surgery etc. or a President so incapacited that he no longer can object . He's got to be literally unconscious or uncapable of writing that two sentence coherent letter saying " I'm all good, its just allegies and a migraine 'letter within 48 hours.

    Its a lot easier to impeach him based on incompetence in the first place because Congress does not have to wait for his cabinet and Congress does not have any deadlines, and the House never needs to more than a simple majority to finish its duties.
     
    Last edited: Nov 1, 2022

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