|
Edited on Fri Aug-25-06 11:57 PM by The Sushi Bandit
Lets see if this is possible....
Invoking Section 4, Cheney takes the Presidency away from Bush by declaring him "mentally incapacitated" and the majority of the cabinet agreeing. Then if Bush tries to fight it and announces he is fit again, Cheney again declares him unfit, calls an emergency meeting of congress the same day (important point: while it is in recess) to get just the votes he needs (the loyal ones were waiting for this and did not go home) to stop any challenges to his power grab. This bypasses everyone, even the courts. This is a COUP that can happen here!
Background...
Sections 3, 4, and 5 of the 25th amendment provides means for the Vice President to become Acting President upon the temporary disability of the President. Section 3 deals with self declared incapacity of the president, and section 4 deals with incapacity declared by the joint action of the Vice President and of a majority of the Cabinet. While section 4 has never been invoked, section 3 has been invoked twice.
"Section 4 - If the President does not so declare, the Vice President, if satisfied that such inability exists, shall, upon the written approval of a majority of the heads of the executive departments in office, assume the discharge of the powers and duties of the office as Acting President."
"Section 5 - Whenever the President makes public announcement in writing that his inability has terminated, he shall resume the discharge of the powers and duties of his office on the seventh day after making such announcement, or at such earlier time after such announcement as he and the Vice President may determine. But if the Vice President, with the written approval of a majority of the heads of executive departments in office at the time of such announcement, transmits to the Congress his written declaration that in his opinion the President's inability has not terminated, the Congress shall thereupon consider the issue. If the Congress is not then in session, it shall assemble in special session on the call of the Vice President. If the Congress determines by concurrent resolution, adopted with the approval of two-thirds of the Members present in each House, that the inability of the President has not terminated, thereupon, notwithstanding any further announcement by the President, the Vice President shall discharge such powers and duties as Acting President until the occurrence of the earliest of the following events: (1) the Acting President proclaims that the President's inability has ended, (2) the Congress determines by concurrent resolution, adopted with the approval of a majority of the Members present in each House, that the President's inability has ended, or (3) the President's term ends."
|