Madam Secretary, the 25th Amendment and the Removal of Donald Trump

Washington Post headlines read, “We really do need to deploy the 25th Amendment.”  “The fictional White House in “Madam Secretary” will provide viewers with a crash course in the implementation of the 25th Amendment — the mechanism for removing the president from office — in the CBS drama’s next episode, titled “Sound and Fury.”
 President Trump and Vice President Pence
They’re absolutely certain to get it wrong, as all the talk I’ve seen to day fails to mention the fact that only Vice President Pence can invoke Section 4 of the 25th Amendment.
I’ve provided a short outline, below, taken directly from the 25th Amendment. I highly encourage you all to print it out, watch the episode, and see how close to (or far away from) reality the writers, directors, actors, and producers actually come.
 
My contention is that the 25th Amendment is NOT “the mechanism for removing the President from office” as stated by the producers of Madam Secretary.  More specifically, the 25th Amendment is not the mechanism by which anyone who dislikes the President could remove him from office.  That venue lies with impeachment, not the 25th.
Before we continue, let’s examine the 25th Amendment to the United States Constitution in its entirety, as preserved and reported by our nation’s Library of Congress:
Amendment XXV - LOC
 Sections 1, 2, and 3 simply confirm that it is the Vice President, and no one else, who assumes the duties and responsibilities of the President if the President should the latter no longer be able to do so due to death, illness, injury, or mental incapacitation. Obviously, the line of secession is much longer, but that’s Congressional legislation, not the 25th Amendment.
 
Section 4 is where the VP and a majority of either:
– a majority of the principal officers of executive departments (cabinet)
– majority of the principle officers of Congress
may declare in writing that the President is unable to discharge the powers and duties of his office, and present that declaration to both the President pro tempore of the Senate and the Speaker of the House of Representatives.
 
Upon such declaration, the Vice President shall immediately assume assume the powers and duties of the office as Acting President.  The key, however, is that those other entities cannot accomplish this on their own.  It absolutely requires the Vice President’s complete and unreserved involvement.
 
Here’s where it gets a little sticky.
 
The elected aka original President can then write a counter-declaration to the same two heads of Congress saying that no such inability exists, at which point he shall immediately resume the powers and duties of his office.
 
So, here’s what we have so far:
 
VP and either cabinet or Congressional officers declare the President is unfit to the two head of Congress. VP assumes the office.
 
But if the President counter-declares, then he resumes his office.
 
Are you with me so far? Ok. Now it gets even stickier:
 
If the VP still thinks the President isn’t fit, then he, along with a majority of the cabinet or officers of Congress can, within 4 days, present their case again, at which point all of Congress assembled within 48 hours and makes a decision within 21 days to decided who either remains or becomes president: The original President or the Vice President. If they fail to make a decision, the powers and duties remain with the original President.
 
Did you notice what’s required throughout this scenario? That’s right: The VICE PRESIDENT, the President’s right-hand man. Without the VP, NONE of this happens. Congress cannot initiate this action. The cabinet cannot initiate this action. The Supreme Court cannot initiate this action. CNN cannot initiate this action, and neither can the Demoncraps or a TV show named “Madam Secretary.”
In fact, Rolling Stone magazine reaffirmed this finding in their excellent article covering this very issue.  They even provided a handy graphic Rolling Stone Graphicshowing how many entities must concur before it’ll happen.
 
I find the claim that “The fictional White House in “Madam Secretary” will provide viewers with a crash course in the implementation of the 25th Amendment — the mechanism for removing the president from office — in the CBS drama’s next episode, titled “Sound and Fury” “to be dubious, if not spurious, and highly misleading of the public.
In fact, it borders on,  if not crosses, the line of “inciting a riot.”
 
Rather, they will probably paint a very false picture about how, if enough Demoncraps raise hell, and infuriate Congress enough, then Congress can *SOMEHOW* make the decision, even without the VP’s input, a point which I hope the 25th Amendment itself has made abundantly clear simply cannot happen.
In other words, “wrong,” so sayeth our Constitution, “the supreme Law of the Land.” – Article VI.  Clause 2.
 
That’s just not reality, there, Hollywood.  The reality is that it’s an AMENDMENT, not merely federal law, and the 25th Amendment DEMANDS the Vice President’s concurrence. Furthermore, as an Amendment, no emergency session of Congress, even with the three-quarters vote required for repealing an Amendment can overturn it, not without first being properly ratified by three-quarters of the States, which will take several years.
So, Demoncraps and libtards, if it makes you happy to keep barking up that dead tree, be my guest.  Go ahead and waste your time.  I think the rest of America, however, might not consider you to be so blitheringly idiotic if you simply read the Constitution, including, in this case, the 25th Amendment itself.

Why “Impeach Trump!” People are Blithering Idiots

Impeachment headlines are all the rage these days, and Google images is fully of all sorts of Impeach Trump buttons, banners, and bumper stickers, but it’s an utterly mindless rage, one fueled by hate and ignorance, not rationality, sound reasoning, or understanding of the law.

People, listen up!  Please get an education so you know what you’re talking about.

Speaking of impeachment (and education):

“The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.” – Article I, Section 2.

Do you really think a House controlled by conservatives/Republicans will impeach Donald Trump? No more than a House controlled by liberals/Democrats impeached Obama for his impeachable offenses.  Unlike Trump, Obama actually committed impeachable offenses.

“The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.” – Article I, Section 3

Do you really think you will ever be able to get a two-thirds majority of the Senate to rule against President Trump with more than half the Senate is conservative/Republican? Good luck with that…

“Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States…” – Article I, Section 3

Hillary stepped down so that she wouldn’t be impeached over Benghazigate. Had she been impeached, she would have been ineligible to run for President.  The Demoncrap party saw the handwriting on the wall and chose the lesser of two evils so that she might actually have a shot at the Presidency in 2016.  It was clear she was being groomed for that very role for a long time.  Thankfully, enough voters recognized her for the crook she is.

“The President … shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” – Article II, Section 2

When Obama pardoned over 2,000 criminals, he grossly violated Constitutional authority as most of those criminals had not committed any crimes “against the United States.”  Rather, most of them had violated various state laws, over which Obama had ZERO authority to grant either a reprieve or pardon.  That state’s governor, yes.  Obama, no.

“The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” – Article II, Section 4

President Donald Trump has committed absolutely zero instances of treason, bribery, high crimes, or misdemeanors. In fact, he personally hired a rather large legal team in order to prevent any such discretion.

BOTTOM LINE: President Donald Trump will NEVER be impeached, and for some very sound reasons:

1. He’s never committed any impeachable offences as defined by and required by the Constitution in order to be impeached.

2. You’ll never get a conservative/Republican House to impeach a Republican president.

3. You’ll never get a conservative/Republican Senate to cough up the two thirds votes required to convict.

Our Founding Fathers knew that one day, there would be a bunch of blithering idiots throughout our land who would incessantly cry “Impeach Trump! Impeach Trump! Impeach Trump!” They made impeachment difficult for precisely that reason, to prevent blithering idiots from disrupting the normal operations of government on the basis of nothing other than mob rule.

Now, while libtards and Demoncraps have every Constitutional right to continue blathering on about this issue if it makes them feel better, much like all babies need a good cry every now and then, it’ll never happen, because of the aforementioned reasons, unless Donald Trump actually does, one day in the future, commit a clearly impeachable offense.

And no, you cannot make this happen simply by whining about it louder, longer, harder, or by throwing more money at it.  The U.S. Constitution is “the supreme Law of the Land” for a reason, and We the People are going to follow it, whether you like it or not.

President Trump’s Immigration Authority

To the Honorable (insert your Congressman’s name, here):

I am writing you in specific protest of the actions of at least two federal judges, possibly more, who appear to me to be flagrantly violating the United States Constitution, federal law, and their oaths of office to each.

The authority of the President to determine the circumstances under which foreign nationals may enter the United States has been repeatedly upheld by the Supreme Court.  In an 1892 case, Ekiu v. United States, the Court held that, “It is an accepted maxim of international law that every sovereign nation has the power, as inherent in sovereignty, and essential to self-preservation, to forbid the entrance of foreigners within its dominions, or to admit them only in such cases and upon such conditions as it may see fit to prescribe.”  Subsequent Supreme Court decisions have reaffirmed this accepted maxim.

Specifically:

  1. President Trump did not create a law.  His executive order carried out an existing law.
  2. The text of President Trump’s executive order on immigration does not list any particular countries.  That formula was in the existing law.
  3. The law in question is the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, which former President Obama signed into law.

US Code on Immigration

Furthermore, I respectfully request you initiate impeachment proceedings against the offending judges in direct response to their actions violating the law and the trust of the American people, as well as to send a clear message to all judges that We the People elect both our lawmakers — members of the House and the Senate — as well as the one who signs or vetoes bills — the President — and we expect all members of our judicial system at all levels to follow the law, from the supreme Law of the Land on down, without deviation or bent given to various political influence.

Background and Substantiating References:

“After a federal judge on Friday temporarily blocked the immigration order temporarily banning refugees and nationals from seven predominantly Muslim countries from entering the United States, the Department of Justice filed an appeal of the order on Saturday night.

“The Dept. of Justice asked that an emergency stay be issued pending the appeal to resume Trump’s ban efforts.

“The 9th U.S. Circuit Court of Appeals in San Francisco instead asked for the Trump administration to file a counter-response by Monday afternoon and denied the emergency stay.”

Source: https://www.yahoo.com/…/doj-emergency-stay-rejected-donald-…

I hereby find both the original federal judge and the 9th U.S. Circuit Court of Appeals to be in violation of their oaths of office, as follows:

In the United States, federal judges are required to take two oaths. The first oath is this:

I, (name), do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as (office) under the Constitution and laws of the United States. [So help me God.]

The second is the same oath that members of Congress take:

I, (name), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. [So help me God.]

Both the original federal judge as well as the judge(s) sitting on the 9th U.S. Circuit Court of Appeals are required by federal law to adhere to both the Constitution as well as the laws of the United States.

President Trump’s executive order begins with full and inarguable legal justification:

“By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) (INA), the Secure Fence Act of 2006 (Public Law 109 367) (Secure Fence Act), and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104 208 Div. C) (IIRIRA), and in order to ensure the safety and territorial integrity of the United States as well as to ensure that the Nation’s immigration laws are faithfully executed, I hereby order as follows…”

I have examined the legal references above. I know the Constitution very well, and immigration laws reasonably well.

Therefore, it is my informed opinion that there is zero lawful basis for either the original federal judge to block President Trump’s immigration order or for the 9th U.S. Circuit Court of Appeals to stay the order as requested by the U.S. Department of Justice.

In my informed opinion, these judges are bad judges. This is not “good behavior” as required by our United States Constitution, and they need to be immediately removed from office for refusing to adhere to their oaths of office as members of the federal judiciary commensurate with our Constitution and federal law.

Sincerely…