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To: GOPJ

This is a ridiculous argument. The 25th Amendment was put in place so that if there was a temporary physical problem with the president, who PHYSICALLY could not execute the powers of the presidency, the Vice-President could be the acting president. This happened, I believe, when Reagan was shot and G.H.W. Bush temporarily exercised the powers of the presidency during Reagan’s recovery.


30 posted on 05/19/2017 10:53:55 AM PDT by mrs9x
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To: mrs9x

Let’s go to the relevant sections of the 25th:

“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.”

This is how, fortunately, it has always been invoked, usually for the period of a pending surgery.

“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.”

So the plotters have to get Mike Pence and a majority of the Cabinet to go along with the premise that President Trump is psychologically or psychiatricly disabled, if a convenient physical disability doesn’t arise.

Failing that, Congress would then have to rush through legislation with a veto-proof majority to create an alternate body, made up of God knows whom, to declare Trump disabled, and then hope a judge somewhere doesn’t stay its declaration or declare the legislation unconstitutional.

“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.”

So Congress has to then gin up a two-thirds vote of both Houses to override the President’s declaration of ability, within three weeks, a process that could be repeated again and again just by having him file the appropriate letter.

Every presumption in the 25th Amendment is in favour of the President, as it should be, lest it be used by irresponsible schemers to remove a healthy but undesirable President.

People who cite the 25th Amendment as a miracle escape clause are deluding themselves, especially if they have read it.


51 posted on 05/19/2017 12:53:33 PM PDT by Loyalist (Deplorably yours!)
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To: mrs9x
This is a ridiculous argument. The 25th Amendment was put in place so that if there was a temporary physical problem with the president

The narrative is that Trump is mentally ill, and therefore...

I haven't seen this kind of filthy political evil since the 70s when the Soviet and Chinese Communists sent people to mental institutions to be "reeducated."

57 posted on 05/19/2017 1:28:49 PM PDT by Albion Wilde ("We will be one people, under one God, saluting one American flag." --Donald Trump)
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