Pick Wayne's Brain

November 26, 2016

Have You Read The 25th Amendment?

Filed under: Commentary — Tags: , , , , , , , , — Wayne A. Schneider @ 7:31 PM

In his series “The Resistance” (formerly known as “The Closer” until the election of Donald J. Trump), Keith Olbermann spells out how Republicans in Congress can remove Trump from office without going through the process of an impeachment. And it’s all perfectly legal and constitutional, because the procedure is spelled out in Article of Amendment 25, Section 4,of the US Constitution. It reads as follows:

4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, 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 and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days 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 and duties of his office. Thereupon Congress shall decide the issue, assembling within forty eight hours for that purpose if not in session. If the Congress, within twenty one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty one days after Congress is required to assemble, determines by two thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

So how would this work? Well, upon returning from the swearing-in ceremony, Vice President Pence and a majority of the heads of the cabinet departments (and it could be the ones still in office on January 20, or even the ones who act as heads of the departments should the heads all have resigned effective at noon that day) could write a letter to Speaker Paul Ryan and President Pro Tempore of the Senate Orrin Hatch (the President Pro Tem is the oldest serving member, not the Majority Leader) simply stating the Donald is unable to discharge the powers and duties of his office. They don’t have to give a reason. They don’t have to prove anything. No hearings. No nothing. Just a letter.

Now, of course, the Donald could fire back a letter within minutes (and I’d bet he’ll have such a letter pre-written, ready to go) saying no such inability exists. Within four days (in case there’s a holiday weekend in there), Pence and his department heads could fire back another letter (again, they should have this one written along with the first because it would be needed) saying the inability does still exist. Then the matter would go to the Congress. It would require a two-thirds vote of both the House of Representatives and the Senate to remove Trump from power permanently.

I can only hope the Republicans in Congress recognize the danger of having Trump be POTUS and take the legal, constitutional path to remove him from being able to do damage. He could keep the title, since I’m sure that’s all he really wanted out of it, but he wouldn’t have the authority to do anything. Not that I would be much happier in a Pence administration. Unlike Pence, I actually like women and want to see them have the autonomy over their bodies that men take for granted. That’s even less likely to happen under Pence than under Trump, but at least Pence knows something about governing. Trump does not. In fact, based on his comments on the campaign trail, I’m convinced Trump doesn’t understand how government works at all. He talked as if the POTUS had powers he doesn’t really have. In fact, at times it sounded like he thought a POTUS was a dictator, possibly because a lot of Republican citizens think he is. That’s just projection on their part.

And while it is perfectly constitutional to remove Trump from power (if not office) in this matter, it’s actually harder than impeaching him. Invoking Article 25, Section 4, requires two-thirds of both Houses to remove him. But to impeach him (for Treason, Bribery or other High Crimes and Misdemeanors) would require only a simple majority of votes in the House of Representatives. It would still require a two-thirds vote in the Senate to remove him. But you’d have to produce actual charges and conduct an actual trial for that process to work. And while Trump will be in violation of the Constitution at 12:01 PM EST on January 20, 2017, it will not be because of a crime. Instead, and possibly among other reasons, it will be because he had a group of foreign dignitaries come to his hotel in Washington, DC, and encouraged them to stay there when they visited the United States. In other words, he would personally profit from his job beyond what the Congress provides as compensation. (It’s called an Emolument, and its definition depends on what the Framers took the word to mean, not what it may have come to mean since.) Unless, of course, he lets them and their entire staffs stay there completely free of charge, including meals. Then he might argue that he’s not receiving any emoluments. But does anyone believe a man driven by the lust for money, who campaigned on a bigoted platform designed to make white people feel good about themselves, would let foreigners stay at his hotel completely free of charge? I don’t. And I wouldn’t believe a word Trump said about whether or not he was making any money on it. He’s a billionaire because he says he is. He’s the one deciding how much his properties are worth, not an independent auditor. There is very little that Trump says that can be taken at face value. And that’s one of many reasons why he should never be allowed to be POTUS. Also, he’s a bit of an asshole, but there’s no law against that. Otherwise I’d be in a lot of trouble, too. 🙂

July 5, 2014

The Fault in Our Bartons

Filed under: Commentary — Tags: , , , , , — Wayne A. Schneider @ 1:13 PM

David Barton is at it again. In a span of about two minutes, the professional liar recently made several false claims, including that Senate Majority Leader Harry Reid is an “Atheist Mormon.” [From the audio clip on RWW’s site:]

He has actually proposed an amendment to the U.S. Constitution that would re-write the First Amendment to take away original protections and limit the protections in the First Amendment.

Actually, Senator Reid didn’t propose the amendment, New Mexico Senator Tom Udall did. And campaign finance reform was not on the minds of the authors of the First Amendment, nor was it written to (more…)

February 23, 2014

Tom DeLay’s Bug Spray-Induced Delusion

Filed under: Commentary — Tags: , , , — Wayne A. Schneider @ 9:38 PM

It seems former Representative Tom DeLay (R-Greed), who ran for Congress because he felt the banning of DDT would unfairly hurt his pest control business, has been sniffing his bug-spraying chemicals again. In a recent interview with Pastor Matthew Hagee, (we all know Major) Tom claimed that God wrote our Constitution, and that it was based on Biblical principles. You know, that part of the Bible that said that if you wanted to amend the Bible, you needed the consent of two-thirds of the Congress, and three-fourths of the states. And gay men can be stoned. He also bragged about sealing off the Capitol Rotunda so that Members of Congress could pray together. I don’t think Tommy understands the concept of Separation of Church and State. Among other concepts.

Please believe me when I tell you (more…)

November 24, 2012

To Petition the Government

If you asked the average American to name the rights granted by the First Amendment, I’m sure most would easily name Freedom of Speech and Freedom of Religion first and second (though they are, technically, the second and the first), and they could probably even name Freedom of the Press as one of them. I’m sure some people would think they end there, but I’m sure most people could be coaxed to name one more, that one most likely being Freedom to Peaceably Assemble. But the one I’m sure most people would forget about, entirely if not simply as being part of another amendment, is the right to Petition the Government for a Redress of Grievances. One could, if one wanted to engage in an argument about semantics, claim that this is not so much a separate right (more…)

September 17, 2012

Happy Constitution Day, Happy 225th USA v. 2.0

Filed under: Commentary — Tags: , , — Wayne A. Schneider @ 12:31 AM

The Declaration of Independence was adopted in Congress on July 4, 1776, and for this reason it is generally considered that July 4 is our nation’s birthday. Actually, that was the birth of the United States of America Version 1.0. The first version of the United States was governed under something called The Articles of Confederation. The Articles were a States’ Rights person’s dream. Under the Articles, “Each state (more…)

January 30, 2010

An Unjust Finding

According to a report by Newsweek’s Michael Isikoff and Daniel Klaidman, the two principle Bush Administration Justice Department lawyers responsible for creating the so-called “torture memos” will not be given as severe a reprimand as they deserve.

Previously, the report concluded that two key authors—Jay Bybee, now a federal appellate court judge, and John Yoo, now a law professor—violated their professional obligations as lawyers when they crafted a crucial 2002 memo approving the use of harsh tactics, say two Justice sources who asked for anonymity discussing an internal matter. But the reviewer, career veteran David Margolis, downgraded that assessment to say they showed “poor judgment,” say the sources. (Under department rules, poor judgment does not constitute professional misconduct.) The shift is significant: the original finding would have triggered a referral to state bar associations for potential disciplinary action—which, in Bybee’s case, could have led to an impeachment inquiry.

If this stands up (more…)

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