The news cycle has been dominated by the decline of President Joe Biden, which was undeniable to even the most party-loyal Democrats after the first presidential debate and seems to become more evident every time someone confronts the president with even the simplest of questions. The 25th Amendment has been mentioned time and again as a possible means of remedying this embarrassing situation, and not without reason, because it’s starting to look like Joe Biden is sticking to his guns.
However, Margot Cleveland, the Federalist’s chief legal correspondent, argues convincingly that the 25th Amendment is not just an option at this point. but a prerequisite.
The Democrats’ public argument over what to do about the Joe Biden problem must end. They know, we know, and – most frightening of all – America’s enemies know that our Commander in Chief is mentally incompetent. Therefore, the answer is clear, and the Constitution dictates it: Joe Biden must be removed from office and the Vice President sworn in as President.
The only (real) question for Biden and his party is whether the removal will be voluntary under Section 3 of the 25th Amendment or forced under Section 4. Will Biden “transmit to Congress his written declaration that he is unable to discharge the powers and duties of his office”? Or will the Vice President and a majority of the Cabinet inform Congress of President Biden’s inability and remove him from office?
The Vice President is frankly not the brightest, and it’s questionable whether she’s even read the Constitution, let alone understands it. But it seems her constitutional duty is clear; the President is clearly incompetent, and she’s in the balmy seat as the one who must initiate the next step. Procedure for the 25th amendment.
Section 3 of this amendment describes the voluntary resignation of the President:
If the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives a written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, those powers and duties shall be discharged by the Vice President in his capacity as Acting President.
In that case, a formal resignation would presumably (and I argue inevitably) follow, after which (ugh) Kamala Harris would be sworn in as president. This would also put her in the running as the presumptive Democratic nominee for the 2024 presidential election, which should make the Trump campaign chortle with delight; they could hardly have a less informed and more hapless opponent to run against.
The involuntary process is a bit more complicated and involves at least one major stumbling block:
If the Vice President and a majority of the principal officers of the executive departments or of such other body as Congress may by law designate, 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.
The president has the opportunity to challenge this, and the rest of Section 4 describes that process. But here’s the catch: removing a reluctant president under the 25th Amendment requires a two-thirds majority in both the House and Senate. That seems unlikely, to say the least. There are certainly enough partisan Democrats who would benefit from keeping the Bidens in the White House to make that impossible. And one thing we’ve always had to admit: Whatever you think of the Democrats, they stick together.
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Margot Cleveland continues:
A day or two to decide is appropriate. A week is too much. But now we have reached a point where the inaction of Vice President Kamala Harris and Biden’s Cabinet is a violation of their oath of office. They solemnly swore that they would be “faithful and devoted” to the Constitution and “faithfully discharge the duties of office.” That oath requires them to submit to Congress “their written declaration that the President is unable to discharge the powers and duties of his office…”
There is no wiggle room. No “waiting and seeing” whether the president can convince the public he is fit for office, whether through choreographed performances or edited prime-time interviews. Neither spin nor conspiracy theories can change what the world saw during the debate: Biden’s mental incompetence.
Whether this is caused by age, dementia, or Alzheimer’s disease, it doesn’t matter. The President of the United States cannot perform his duties if he cannot think clearly for even a fraction of the day. The Commander in Chief must be able to command the executive branch 24 hours a day.
This is constitutional, patriotic and morally right.
Yet Kamala Harris and the Biden Cabinet have repeatedly shown that they do not care about the Constitution. They are not patriots, despite their many claims to the contrary. They do not care about what is morally and ethically right; for goodness sake, even Richard Nixon knew when it was time to resign. No, today’s Democrats care about the party, about winning in November (which seems hopeless), about retaining their power and, let’s be sincere, the financial benefits that come with that power.
The Constitution requires action. The Biden administration and the Vice President are not only refusing to take that action, they are knowingly ignoring their constitutional requirements under the 25th Amendment. The President is clearly incapable of doing so. Democrats know this, Republicans know this, all American voters know this—and our enemies abroad know this. Failure to remove this inept, incompetent President is a violation of constitutional duty of the first order, and I think we all know that no one will be held accountable for it—at least not before November 5th.
