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To: crz
He doesn't have to submit to anything. His cabinet has to declare him unfit, and Congress has to concur. That's it.

I post this scenario every now and then. It's a constitutional coup d'etat.

Another Alternative to Impeachment.

Here is a perfectly constitutionally legal form of coup d'etat that can be used to oust Obama without going through a nasty impeachment process.


Amendment 25 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.


Imagine the following scenario.

1. Joe Biden organizes the principle Cabinet members to side with him and declares Obama to be unable to discharge his duties as president. He submits this signed declaration to Orrin Hatch and Paul Ryan and assumes the Presidency.

1a. As an interesting variation, "either the principal officers of the executive departments or of such other body as Congress may by law provide" suggests that Congress can pass a law naming another body besides the Cabinet that can side with the Vice President. What if Congress were to pass a law allowing, say, a body of NYT and WaPo editors, ABC-NBC-CBS-CNN-MSNBC journalists, and college deans - a totally unelected body of people - to legally declare the president incapable of discharging his duties? What if Biden gets these "intellectual elites" to side with him to oust Obama?

2. Obama then fights back by sending a letter to Hatch and Ryan stating that he is not incapable of discharging his duties, and he declares that he has resumed the Presidency.

3. Biden then gets his supporting body to redeclare within four days that Obama is still unfit for office.

4. Once Biden redeclares that Obama is unfit, Congress must then assemble within 48 hours if in session, or within 20 days if in recess, and vote to accept Biden's declaration by 2/3rds vote, or to accept Obama's declaration that he is still fit for office.

5. Congress sides with Biden and declares Obama to no longer be President.

6. Joe Biden takes over as acting President of the United States.

Hey, I can fantasize, can't I? The question now is whether Obama's academia sidekicks in the Cabinet support the country they were raised in, or if they will follow Obama over the cliff?

-PJ

10 posted on 12/02/2015 9:25:07 AM PST by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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To: Political Junkie Too

They have to prove that he is unfit. Reasons, reasons, reasons.

But, if they made to claim, he could submit to an exam to prove his mental state. Which would prove to be a mistake because he is a psychopath.


20 posted on 12/02/2015 9:34:52 AM PST by crz
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To: Political Junkie Too

Here is the way I kinda would like to see it go.

The man is a psychopath, as I said before. Get up in front of the cameras the top mental health professionals in the world and do a distant mental health evaluation. At that time, the shit hits the fan enough that he has to either get out on his own, or face the 25th amendment declaration.

Proclaim him NUTS! Then stand back and watch the reaction. The psychologists will have a field day. If he scoffs at it, which he will, it fits the very model of a psychopath.


26 posted on 12/02/2015 9:40:23 AM PST by crz
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To: Political Junkie Too

Yeah but the problem is Biden has been complicit in obama’s insanity, he has been right there supporting him every step of the way, they share the same insanity.

The entire obama administration needs to be deposed, that would put Ryan in charge but only for a short time.


35 posted on 12/02/2015 9:51:13 AM PST by PoloSec ( Believe the Gospel: how that Christ died for our sins, was buried and rose again)
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To: Political Junkie Too

Your scenario, no matter how far fetched, illustrates perfectly why even impeachment isn’t an option. Both scenarios result in President Uncle Joe.

Is that really any better? I say “no, it’s not”.

Might as well just ride out the storm now. Only about a year left of actual ability to affect “change”. This time next year he’s a lame duck he’s not doing anything but just waiting for Jan 2017 at that point.


51 posted on 12/02/2015 10:22:45 AM PST by FourtySeven (47)
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To: Political Junkie Too

Your 1a answers what I was wondering about where it says

“or of such other body as Congress may by law provide,”


53 posted on 12/02/2015 10:41:26 AM PST by WildHighlander57 ((WildHighlander57, returning after lurking since 2000)
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