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Invoking The 25th Amendment Is Constitutional — And Democrats’ Best Hope
The Federalist ^ | July 5, 2024 | Margot Cleveland

Posted on 07/05/2024 8:58:48 AM PDT by Reno89519

The Democrats’ public struggle session over what to do with the problem of Joe Biden must end. They know, we know, and, most terrifyingly, America’s enemies know that our commander-in-chief is mentally incompetent. As such, the answer is clear, and the Constitution provides it: Joe Biden must be removed from office and the vice president sworn in as president.

The only (proper) question for Biden and his party is whether the removal will be voluntary, under Section 3 of the 25th Amendment, or forced, under Section 4. Will Biden transmit “his written declaration that he is unable to discharge the powers and duties of his office” to Congress? Or will the vice president and a majority of the Cabinet inform Congress of President Biden’s incapacity and remove him from office?

A day or two to decide is reasonable. A week stretches the bounds. But we are now at the point where the inaction by Vice President Kamala Harris and Biden’s Cabinet constitutes a violation of their oath of office. They solemnly swore they would “bear true faith and allegiance” to the Constitution and that they would “faithfully discharge the duties of the office.” That oath mandates they provide Congress “their written declaration that the President is unable to discharge the powers and duties of his office…”

There is no wiggle room. No “wait and see” if the president can convince the public he is fit for office, whether by choreographed appearances or edited prime-time interviews. Neither spin nor conspiracy theories can alter what the world saw during the debate: Biden’s mental incapacity.

Whether caused by age, dementia, or Alzheimer’s matters not. The president of the United States cannot discharge his duties if he lacks lucidity for even a fraction of the day. The commander-in-chief must be able to command the executive branch 24-7.

...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: 25thamendment; biden; dementiajoe; harris
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Time's up.
1 posted on 07/05/2024 8:58:48 AM PDT by Reno89519
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To: Reno89519

Our enemies have known for a long time and have been making moves.


2 posted on 07/05/2024 9:01:16 AM PDT by pas
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To: Reno89519

Here, here.


3 posted on 07/05/2024 9:02:28 AM PDT by exnavy
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To: Reno89519

I can’t see the administration doing this to themselves. No one wants Kamala in the driver’s seat. Not even her own folks. I can see Biden not accepting the nomination... I understand it may be too late to undo what has already been done, but it makes sense they would drop him from the ticket and let him serve out his time as a failed president. Am I missing a big part of the puzzle here guys?


4 posted on 07/05/2024 9:02:46 AM PDT by Mathews (I have faith Malachi is right!!! Any day now...)
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To: Reno89519

I am not sure about that. There is definitely a push for him to step down, but he raised $27 million since the debate and controls a $200 million dollar war chest that he is not obligated to give to the RATS. If he is still the candidate after the GOP convention I think he stays. No more debates, return to the basement and cheat like never before may be their plan.


5 posted on 07/05/2024 9:02:59 AM PDT by OldGoatCPO (No Caitiff Choir of Angels will sing for me. )
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To: Reno89519

...and this is beyond the Democrats. It is in our national interest that Biden resigns or is removed from office. He’s barely able to function, by White House admission from 10 a.m. to 4 p.m., and in bed by 8 p.m., by Biden’s own admission. He’s not there for the 3 a.m. call.


6 posted on 07/05/2024 9:03:34 AM PDT by Reno89519 (I'll go out on a limb: Trump & Gabbard 2024 or Trump & Sanders 2024)
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To: Reno89519

> a violation of their oath of office.

Does any serious person actually think they care a whit for an oath?


7 posted on 07/05/2024 9:04:21 AM PDT by glorgau
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To: OldGoatCPO

Actually I read that the $27 million was for the month, it was only reported after the debate and the end of the month. I bet 99% of that was from before the debate.


8 posted on 07/05/2024 9:04:40 AM PDT by Reno89519 (I'll go out on a limb: Trump & Gabbard 2024 or Trump & Sanders 2024)
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To: pas

Exactly—every intelligence agency anywhere figured out years ago that Biden was a potted plant.

Nothing has changed.


9 posted on 07/05/2024 9:05:02 AM PDT by cgbg ("Our democracy" = Their Kleptocracy)
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To: Reno89519

Biden has been non compos mentis for years—and now this is a new problem?


10 posted on 07/05/2024 9:05:50 AM PDT by cgbg ("Our democracy" = Their Kleptocracy)
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To: Reno89519

Nobody does anything in Washington until it’s convenient for The New York Times. FJB


11 posted on 07/05/2024 9:07:39 AM PDT by The Public Eye (The news shouldn't be predictable.)
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To: Reno89519
I really hope they prop Biden up well on the scripted TV interview. Give the Dems false hope and then old Joe flails again causing another chaotic crisis. Run out the clock. I hope they contemplate canceling the DNC convention.

I want the largest order for Maylox ever requested by the Democrat Party to happen. A Guinness Record.

12 posted on 07/05/2024 9:09:06 AM PDT by frogjerk (More people have died trusting the government than not trusting the government.)
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To: OldGoatCPO

Then the Yuri Andropov rumor mill will start. Is he even breathing?


13 posted on 07/05/2024 9:10:49 AM PDT by frogjerk (More people have died trusting the government than not trusting the government.)
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To: Reno89519

> Or will the vice president and a majority of the Cabinet inform Congress of President Biden’s incapacity and remove him from office? <

And then Biden is out. But wait. According to the 25A, Biden could then send a letter to Congress saying that he’s indeed fit. Congress would then vote. It would take a 2/3 majority vote in both Houses to keep Biden out. Otherwise, he’s back in office.

2/3, that’s a pretty high hurdle. So if Joe really wanted to fight, I think he would prevail.


14 posted on 07/05/2024 9:12:03 AM PDT by Leaning Right (The steal is real.)
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To: Reno89519

The problem with the 25th ‘solution’ is that the writers of the amendment made it very difficult to remove a President who doesn’t agree to the removal. It takes a 2/3rds vote of each House to remove a President against his will. The 25th is harder to pull off than impeachment and conviction.

Think of the political games that could be played in such a situation. Would enough Republicans vote to not remove him and leave their democrat colleagues with a permanent mark of betraying Joe? Would Kamala and the Cabinet make such a move unless they were 100% sure to prevail?

The 25th was written for a Woodrow Wilson situation (and I kind of doubt that it would have been invoked had it been in effect in 1919) and more precisely, a what if Kennedy had survived the head shot but was a ‘vegetable’.


15 posted on 07/05/2024 9:14:34 AM PDT by hanamizu ( )
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To: Reno89519

Who needs the 25th? Joe is crooked as Hell. A normal Impeachment would do the job.


16 posted on 07/05/2024 9:21:10 AM PDT by Nateman (Democrats did not strive for fraud friendly voting merely to continue honest elections.)
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To: Reno89519

“Invoking The 25th Amendment Is Constitutional”

What a headline! The 25th Amendment is part of the constitution, and the headline says invoking it is constitutional.


17 posted on 07/05/2024 9:24:19 AM PDT by cymbeline (we saw men break out of a concentration camp.”)
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To: Reno89519

Dirty Backstabbing evil rats! Never thought in my lifetime I would see these communist demon scumbags do this to their very own party president. 😂Absolute delish! I am LOVING every second of them eating each other to the fullest! Funny how God has a way of vindicating people…. Nixon must be dancing in his grave!


18 posted on 07/05/2024 9:28:11 AM PDT by RoseofTexas
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To: Reno89519
And then Jill and Hunter transmit a letter saying he is fit. And then it requires a 2/3 vote of the house and senate to remove Biden. See 25th ammendment.

This is going to take a long time.

19 posted on 07/05/2024 9:36:10 AM PDT by AndyJackson
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To: hanamizu

I’ve said for years that the 25th Amendment was really designed for a Cold War type of scenario where the President is out of contact unexpectedly and unable to even pretend he’s capable of carrying out his duties.


20 posted on 07/05/2024 9:39:01 AM PDT by Alberta's Child (“Ain't it funny how the night moves … when you just don't seem to have as much to lose.”)
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