Congressional Overreach
In April 2020 I predicted that if Joe Biden won the Presidency Democrat power brokers would “dust off” the 25th amendment and replace him with whomever was selected vice president. My estimate at the time was within 6 to 12 months of inauguration but it could be sooner.
Speaker of the House Nancy Pelosi (D-CA) recently telegraphed this with a bill proposing a “committee” in the House of Representatives to determine the President’s competency.
It will not pass the Senate in 2020. It does, however, telegraph their post-election plan. This is fueled by her Trump Derangement Syndrome (TDS), but if there is a Biden/Harris win in November and a Democrat Congress, this bill could be pushed through in 2021/2022 allowing the party in power to override the Constitution by legislating control over the Executive branch.
To paraphrase President Obama, who said near an open microphone, that his life as President would be much easier without the Constitution getting in the way.
The proposed committee is unnecessary and likely unconstitutional. This is all about power.
The process for replacing a sitting President is spelled out in three of the four sections of the 25th Amendment. The Speaker and others want a “work around” tool they can apply without amending the Constitution.
The amendment process defined by Article V of the Constitution and 1 U.S.C. 106b requires passage by a 2/3 vote of both houses of Congress and ratification by three-quarters of the States. This takes time so some in the House are trying to jam through a bill that, on its face, is unconstitutional. There’s that pesky Constitution again!
The 25th Amendment was passed in 1965 and ratified in 1967 following President John F. Kennedy’s assassination. Section 1, 2 and 3 cover replacing a President in the event of death or resignation, replacing a Vice President and the voluntary transfer of power by a sitting President, respectively. Each has been used at least once since 1967.
Section 4 makes the Cabinet the decision makers with written notice to the Senate and House of Representatives, if the Cabinet deems the President unable to perform. The President may challenge and the Cabinet has four days to review it and decide whether to continue. If nothing is done within four days of the challenge, the President remains on the job. It should be pointed out that this section of the amendment has never been used.
Section 4 is what the Speaker wants to control by inserting a committee with independent power or override power under section 4 that allows the House to insert itself in removal decisions and further destroy the separation of powers.
This is a dangerous precedent and does not fit with the intention of the original amendment based on my reading.
The nearly $43 million dollar, Shiffshow impeachment effort should be a lesson. Policy, process or ideology differences would be manipulated to show incompetence and allow the legislature to micro-manage the Executive branch. Remember what the impeachment felt like!
Do we need a repeat of no due process, no evidence, unsubstantiated charges by anonymous sources spread by the Democrat supporting media, etc.? A weak President would be further weakened .I suspect the latter is the goal of the Democrat majority in their continued efforts to destroy our Republic.
Keep this in mind as you vote, but vote. Our junior Senator is an empty suit with nearly 50 years of no accomplishments who endorses the hugely expensive Green New Deal. Given his history, though, he may endorse it then vote against it as he has once already. He’s pandering to the “squad” and other far left people perhaps hoping for a strong committee seat.
The Democrat candidate for President is in even worse shape. As I’m writing this, he is on the campaign trail telling folks he is a strong Democrat and that’s why he is running for the Senate?
Don’t let hate decide for you. Vote on issues and performance of the current administration not because you, too, may have TDS. Your vote, make it count.
Marsby Warters, Fairhaven, MA
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