July 8, 2024

In Brief: Invoking the 25th Amendment

It’s the constitutional option and, ironically, the Democrats’ best chance politically.

Talk of Joe Biden’s future is all the rage these days after his debate debacle. Margot Cleveland of The Federalist says that, for the good of the country, it’s time to invoke the 25th Amendment.

The Democrats’ public struggle session over what to do with the problem of Joe Biden must end. They know, we know, and, most terrifyingly, America’s enemies know that our commander-in-chief is mentally incompetent. As such, the answer is clear, and the Constitution provides it: Joe Biden must be removed from office and the vice president sworn in as president.

The only (proper) 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 “his written declaration that he is unable to discharge the powers and duties of his office” to Congress? Or will the vice president and a majority of the Cabinet inform Congress of President Biden’s incapacity and remove him from office?

A day or two to decide is reasonable. A week stretches the bounds. But we are now at the point where the inaction by Vice President Kamala Harris and Biden’s Cabinet constitutes a violation of their oath of office. They solemnly swore they would “bear true faith and allegiance” to the Constitution and that they would “faithfully discharge the duties of the office.” That oath mandates they provide Congress “their written declaration that the President is unable to discharge the powers and duties of his office…”

There is no wiggle room. No “wait and see” if the president can convince the public he is fit for office, whether by choreographed appearances or edited prime-time interviews. Neither spin nor conspiracy theories can alter what the world saw during the debate: Biden’s mental incapacity.

Whether caused by age, dementia, or Alzheimer’s matters not. The president of the United States cannot discharge his duties if he lacks lucidity for even a fraction of the day. The commander-in-chief must be able to command the executive branch 24-7.

The irony, says Cleveland, is that “the constitutional option is likely also the best choice, politically speaking.”

By promptly removing Biden from office, Democrats can enter their convention with a sitting president, Kamala Harris, to replace Biden on the ballot. They can then spend the next month and a half focused on a new candidate instead of debating whether to replace Biden at the convention — while attempting to avoid another public display of incapacity.

That isn’t to say President Harris would be good news for anyone but Democrats. Donald Trump may have a more difficult time beating a unified Democrat Party behind a fresh candidate, and that could mean four more years of Democrat-run misery.

So while the schadenfreude Republicans are currently enjoying is understandable — given that just two weeks ago the press accused those highlighting Joe Biden’s incompetence as peddling a “cheap fake” — our country and Constitution must come first.

Read the whole thing here.

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