Saturday, October 10, 2020

The 25th

  Now we are hearing about the 25th amendment. So I reach up and get my copy of the Constitution of the United States of America, with all amendments, that was a gift from my grandson. I read where that amendment was ratified on January the 23rd, 1964. Lyndon B Johnson was president at the time. We should remember in November of 1963 President Kennedy was shot and killed in Dealey plaza. Johnson became president and was reelected in 1964. The 25th amendment was partially a result of that occurrence. It was to be a defining of the succession of power. Section 1 says: In case of the removal of the President from office or of his death or resignation , the vice president shall become president. That's clear enough for anyone to understand. Section 2: Whenever there is a vacancy in the office of the Vice President the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both houses of Congress. Section 3 addresses the issue when the President himself declares he cannot serve for whatever reason. It spells out what he must do. Basically he has to tell the President pro-tempore of the Senate and the Speaker of the house of Representatives about that decision. The current President pro tempore is Chuck Grassley. The vice president is the president of the Senate. ( article one, section 3 of the constitution ) Section four is for when someone else makes that decision and it is section four that Nancy Pelosi is declaring she will use to remove the President.
 I'm no constitutional scholar, no lawyer, I didn't even major in civics, but can read. So I read my constitution, specifically section four of the 25th amendment to see if I could grasp the process. The very first paragraph reads this way, " Whenever the Vice President and a majority of either the principal officers of the executive departments or of such body as Congress may by law 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 the and duties of the office, the Vice President shall immediately assume the powers and duties of the office as acting President." Now I can't see the Vice President and a majority of the principal officers of the executive department issuing any such declaration. So, Pelosi must be counting on, "such other body as Congress may by law transmit" Now taken at face value that is basically saying, Congress can write a law to evaluate the condition of the President as to his fitness to serve. So you have to assume Nancy Pelosi and others plans to use their majority in Congress to write a law to remove the President! Seems like an abuse to me but I admit to harboring some bias in that evaluation. Still, if this happens then whatever party holds the majority in Congress could remove the President, almost at will. Of course, if they remove the President the Vice President immediately assumes the position as President. Then in that capacity the President nominates a new Vice President who must be confirmed by majority vote in both houses of Congress. In order for the Speaker of the House to become President there must be a vacancy of both the President and the Vice President, at the same time! 
 Well I hope that explains some of what the 25th amendment delineates. For me it just goes to show how desperate the Democrats are becoming to remove the President. Seems to me the Democrats are saying they are big on letting the people decide! The President shouldn't perform his job of nominating a new supreme court justice, he should wait, let the people decide. But with this bit of legal maneuvering Pelosi has shown the Democrats true stripes. They don't want the people to decide anything, they want to decide. That's the reason they want to remove a duly elected President, one chosen by the people. The people made their choice! And now they want to change those results, decide by a majority vote in Congress who should be President. That's no choice at all for the voting public! 
 Of course if Trump were removed, Pence becomes President. Pence then nominates Trump for Vice President and the Congress must vote on that. If that nomination is rejected Pence gets to nominate another. It could take a while. The list of possible Republican nominees is an interesting thought.   

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