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.
Knowing that Traitor Joe would most likely face The 25th Amendment, or Impeachment and Removal, the dems planned ahead by pairing him with the 'Ho' - GUARANTEED removal insurance.
25th would work on camel toe as well... She’s nuts.
If the GOP succeeded in forcing the 25th to remove Biden, would the dems put Newsome in as VP then make Kamala resign for more family time, making Newsome the sitting incumbent come election time? Or is there literally no time for this? Would Kamala sign off or could she be so thoroughly frightened as to be forced to?
Can they vote for someone else??
All Republicans helping remove Biden from office does is make it easier for the Democrats to replace Biden with a more formidable Presidential candidate and allow them to blame Biden for the mess the country is in.
Not gonna happen. It takes 3/4 of the House to do it and there’s no way the dems will let themselves be embarrassed that way on purpose.
The dems will find another way. I assume some kind of sweatheart deal for Poopy Pants and Nurse biden to exit stage left will be agreed upon.
The the announcement of Joe needs to spend more time with his family or some such nonsense.
The RINOS decided Biden might not beat the margin of fraud.
So they want Michelle Obama or Hillary Clinton or Gavin Newson to replace Biden on the ballot.
I guess her being chosen as “Impeachment Insurance” is looking like a smart move, on their part.
not no but HELL NO.
dementia Joe is the gift that keeps on giving
Unfortunately, the Supreme Court ruled in 2020 in favor of the states in the Chiafalo v. Washington case about "faithless electors."
SCOTUS ruled that states have the ability to enforce an elector's pledge in presidential elections.
This would obligate Electors in such states that have Elector pledge laws to vote for Biden if he is still on the ballot and insists that he's still running.
-PJ
Furthermore, as Vice President, there is nobody else to invoke the 25th amendment on her, so she becomes golden until the end of Biden's term.
-PJ
Leave him be. My cat could win against him.
she’s the boarder czar
Give us Kamala. But if Obama has her take Newsome as VP, that is not so good. Camela would then have the choice of resignation or accident.
After the advent of O’Bama to the Presidency and the Congressional designation of O’Bama and McCain as Natural Born Citizens, there is no longer any limit on origins of a candidate.
Camela is not brain dead. She is an aerocranial case.
Why should we fear Camel replacing Biden??? Neither has a functioning mind.
Or they will arrange a heart attack or a fatal stumble.
Republicans do NOT need to be helping the already screwed up Demonrats to maintain their part of the Establishment UniParty Scam.
That’s the truth. And those kind of “republicans” Aren’t republicans either small or large R.
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