Posted on 02/11/2024 7:55:57 AM PST by Twotone
Republican lawmakers have called for Vice President Kamala Harris and President Joe Biden’s Cabinet to invoke the 25th Amendment and rule Biden unable to serve as president in the aftermath of the special counsel report noting his “poor memory.”
With calls of Biden being unfit for office growing, it is worth visiting how the 25th Amendment allows for a president to be removed and what part each affiliated party has to play.
How does the 25th Amendment work?
The 25th Amendment has four sections, each one detailing presidential succession and incapacity procedures. Section 1 confirms that the vice president is elevated to president if the presidency is vacant, while Section 2 explains how a vacancy in the vice presidency is filled, via appointment and confirmation by a majority of both chambers of Congress.
Section 3 outlines when the president can temporarily give their power to the vice president, in the role of acting president, when the president is unable to perform their duties. The president must notify the president pro tempore of the Senate and the speaker of the House when he is doing so and when he is again able to perform his duties.
The category getting the most attention in the aftermath of the special counsel report is Section 4, which allows the vice president, with a majority of the Cabinet, to send a letter to the president pro tempore of the Senate and the speaker of the House declaring the president “unable to discharge the powers and duties of his office,” at which point the vice president assumes the position of acting president.
If the president contests the assessment from their vice president and Cabinet, they can resume their duties unless that same group reaffirms their stance to the Senate’s president pro tempore and the speaker of the House within four days.
If the vice president and the majority of the Cabinet still declare the president unable to perform their duties, Congress would then have 48 hours, if not in session, to return to take up the matter. Congress then has 21 days after assembly to vote on whether the president is able to perform their duties.
If two-thirds of both the Senate and the House of Representatives vote that the president is incapable, the vice president remains in place as acting president. If the vote falls short in either chamber, the president remains in place.
Has the amendment ever been used?
Since the amendment was ratified in 1967, the first three sections have been used at least once. Section 1 was used in 1974 when Richard Nixon resigned from the presidency, and Section 2 was used once in 1973 and then again in 1974 to appoint and confirm Gerald Ford and Nelson Rockefeller, respectively, as vice president.
Section 3 has been used four times, giving the vice president the power of acting president for a temporary time. Each of the four times was done while the president was undergoing a medical procedure.
Section 4 has never been used, but there was pressure for then-President Donald Trump’s Cabinet and then-Vice President Mike Pence to invoke the section after the aftermath of the Capitol riot on Jan. 6, 2021.
What would invoking the 25th Amendment mean for Kamala Harris?
Such a move appears extremely unlikely and would need to be with the support of most Democrats in the House of Representatives and Senate to avoid embarrassment. If Harris and a majority of Biden’s Cabinet were to invoke Section 4 of the 25th Amendment, it would be a historic move and a massive risk to declare her current running mate for the 2024 election unable to perform his duties as president.
If Section 4 were invoked and Biden was successfully ruled unable to perform his duties as president, Harris would not assume the presidency itself but would take on the duties of the presidency as acting president.
The question I have is why is our side so interested in getting rid of Joe Bidon?
Just to score points?
I want him to run against Trump. We should be advocating respect for the Presidency and let the people make the decision between Trump and Bidon.
Republicans should definitely NOT be doing anything. Let the Dems remove him & deal with the aftermath. Although if it came to a vote in the House or Senate, I would expect Republicans to approve it. He’s obviously unfit.
I wish the article had gone on a bit further. So Kamala stays as Acting President. I assume that means she’s still technically also VP? And if something happened to her before the election, Speaker of the House would become...President? Acting President? Confusing...
Either the Cabinet invokes it, OR the Congress can designate a special group to act accordingly. Neither of them will happen.
The “Cabinet” and VP are nothing but lickspittle leftists who’d rather have Biden than any Republican AND the RINO GOP are to big of a bunch of cowards.
If Biden really wanted to play nuclear hardball, he could immediately fire all the cabinet members whom he suspects of wanting to use the 25A. Sure, that would never actually happen.
But it would make for a great TV mini-series.
“Stay tuned for tomorrow’s episode. President Boe Jiden will fire his Defense Secretary and the White House pastry chef for disloyalty.”
This is no big deal....but suppose he passes on October 31st...when millions of ballots have already been cast...
Somehow...I think this election is going to be up to God...
And all those women who think abortion is some kind of right....God will crush your Biden vote...
More details available via links at:
Kamala Harris Ineligible Website (downloadable PDF available via link)
Twitter Site (twitter login required to view)
So, what then?
The gop plans on shifting from the right hand to the left?
(i.e., the ‘puppet master’)
It should be noted that Harris doesn’t become President. She would become “Acting President.” There are no transitions. There are no additional oaths taken.
She merely gets to do the job…without the title. And not with the salary.
In that sense, it IS just like corporate America! Ha Ha.
Watergate Amendement, by John Fitzgerald, great historical novel by John Fitzgerald. Shines light on Nixon, Agnew, Wallace, set up by Rockefeller’s
Either the Cabinet invokes it, OR the Congress can designate a special group to act accordingly.
If Democrats want to replace Biden, let them get the blood on their hands.
It makes absolutely no difference in regard to national security since Biden has never been in charge of the decisions since he was installed as President.
He’s a placeholder.
They knew only another white guy had a chance against Trump, so that’s why they installed Joe.
Establishment Republicans are not are our side. They want Biden gone because they want Trump to face a stronger Democrat opponent.
At least a third of the Republicans in Congress probably fall into that category.
Why boot Biden?
Napolean taught us to never get in the way of an enemy when he is screwing up. By being the but of breakroom jokes he is serving us well
Since the election is for electors instead of the president directly. Even if Biden is still president and on the ballot the Democrat electors could decide to vote for someone else. Hopefully the Republican electors are Trump loyalists because I could see pressure on them to join the Democrats in picking a unity candidate who wasn’t on the ballot.
Congress wouldn’t remove him.
Having a brain dead president for eleven more months isn’t good for the country or the world. The problem is that Harris is nearly as brain dead.
That train left the building with Obama.
Referring to the headline,
I don’t think I would consider Kamala “Would You Like a Date” Harris as a “key piece.”
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