American democracy is the standard which all freedom-loving people have sought to achieve for the past 200 years. Yet, even that form of government has its weaknesses.
The 25 th amendment sought …
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American democracy is the standard which all freedom-loving people have sought to achieve for the past 200 years. Yet, even that form of government has its weaknesses.
The 25th amendment sought to address the uncertainties of an incapacitated President. It was enacted after President Kennedy’s assassination in the 1960s. Four years ago many in the media were calling for it’s imposition on Trump. Today many in that same media are calling for the 25th to be applied to Biden.
The 25th simply states that when the Vice-President and one-half of the Cabinet determine that the President is incapable of performing the duties of office, the Vice-President assumes the role and duties of President. The ousted President can immediately appeal to both branches of Congress to repeal his ouster. Both houses of Congress would then have to support the ouster by a 2/3 majority for the ouster to remain in effect. Failing that the President resumes his office.
Today, it is President Biden that is under significant scrutiny regarding his mental ability to lead the nation. Bident’s debate performance with Trump was horrible and his post-debate appearances have not been stellar. Biden did fairly well with his interview of ABC news with George Stephanopoulos. He hurt himself with two black radio stations when it was learned his campaign gave the interviewers the questions to ask.
Biden has done reasonably well during campaign appearances, but has yet to be tested by a White House news conference or by a medical exam for cognition. Biden can clearly assert that he has gained approximately 90 percent of the votes cast in the Democratic primary. That was an open and free democratic primary election. Simply put, Biden is in control of his delegates.
Biden’s debate debacle certainly put-up red flags about his ability to beat Trump in the November election. That many on the left now desire for Biden to withdraw is certainly understandable from a political point of view. The problem for the Democrats is that the votes have been cast for their nominee in the primaries. The only person that can readily remove Biden from the nomination is Biden himself and Biden has clearly voiced that that is something he is not going to do. Biden believes he is the one person that can beat Trump in November.
This brings us to the 25th amendment. For Biden to be removed from office his Vice-President, Kamala Harris and one-half of the Cabinet have to agree that Biden is incapacitated to perform his duties as President. Even if the Vice-President and Cabinet agree, Biden can appeal to Congress. Both houses would then have to concur by a 2/3 vote for the removal to be effective or Biden resumes the office of President.
Now let’s get realistic. The Cabinet members are all appointed by the President and work at his pleasure. The Vice-President has no real power under the Constitution and has been left many times in past years to simply reside in Washington until and if the President should pass away. It is highly doubtful that Harris and the Cabinet will take such action outside of clear and convincing evidence of an incapacity. Assuming they did, the matter then goes to Congress. Both houses must agree by a 2/3 majority. Outside of a massive groundswell from the public for Biden’s ouster, don’t look for Senators and Representatives to oust the President.
Absent President Biden’s choice to withdraw his nomination or an unprecedented revolt by his delegates at the Democratic Convention in Chicago in August, Biden will be the Democratic nominee for President.
I personally admit to some unease with the current situation, but we are a resilient nation that has always respected the rule of law. The nation is going through a difficult time and much chaos may ensue, but the nation will persevere.