{"id":2289346,"date":"2024-07-05T03:41:00","date_gmt":"2024-07-05T07:41:00","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/its-time-to-invoke-the-25th-amendment\/"},"modified":"2024-07-05T03:45:00","modified_gmt":"2024-07-05T07:45:00","slug":"its-time-to-invoke-the-25th-amendment","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/its-time-to-invoke-the-25th-amendment\/","title":{"rendered":"It&#8217;s Time To Invoke The 25th Amendment"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">14<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fits-time-to-invoke-the-25th-amendment%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2289346&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>The \u200csummary of the text is \u200cabout the public struggle within the Democratic party over the \u2064issue of Joe Biden&#8217;s mental competence as the President. The author argues that Biden must be removed from office, either voluntarily\u2063 through the 25th Amendment or\u200d by force under Section 4, due\u200b to his demonstrated lack of ability to discharge his duties effectively. The author stresses the importance of\u200d upholding the Constitution and calls \u200dfor prompt action to \u2064remove Biden from office. The text also delves into \u200cthe political implications of this decision for both the Democrats and Republicans, emphasizing the need to prioritize the country and the Constitution above partisan\u2063 interests.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<div>\n<p>The Democrats\u2019 public struggle session over what to do with the problem of Joe Biden must end. They know, we know, and, most terrifyingly, America\u2019s 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.<\/p>\n<p>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 \u201chis written declaration that he is unable to discharge the powers and duties of his office\u201d to Congress? Or will the vice president and a majority of the Cabinet inform Congress of President Biden\u2019s incapacity and remove him from office?<\/p>\n<p>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\u2019s Cabinet constitutes a violation of their oath of office. They solemnly swore they would \u201cbear true faith and allegiance\u201d to the Constitution and that they would \u201cfaithfully discharge the duties of the office.\u201d That oath mandates they provide Congress \u201ctheir written declaration that the President is unable to discharge the powers and duties of his office\u2026\u201d<\/p>\n<p>There is no wiggle room. No \u201cwait and see\u201d 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\u2019s mental incapacity.<\/p>\n<p>Whether caused by age, dementia, or Alzheimer\u2019s 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.<\/p>\n<p>Any counter is political and constitutionally unsound.<\/p>\n<p>Yes, Biden has a horde of helpers who can \u2014 and likely have \u2014 made decisions on his behalf. But our Constitution established a \u201cunitary executive,\u201d with the president individually and solely vested with the authority to command the executive branch. And the Constitution dictates what happens when that individual, here Biden, is unable to discharge his duties.<\/p>\n<p>Removing Biden from office is politically fraught, however, because he is also the Democrat\u2019s presidential candidate. In fact, some Democrats seem concerned only about removing Biden from the ballot and not the presidency, oblivious to the paradox they are promoting: that Joe Biden isn\u2019t competent to run for reelection but is competent to run the country.<\/p>\n<p>With only four months until the general election, Democrats have no good option \u2014 but they do have one constitutional one. Ironically, the constitutional option is likely also the best choice, politically speaking. <\/p>\n<p>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 \u2014 while attempting to avoid another public display of incapacity.<\/p>\n<p>Replacing Biden at the convention would also prove devastating to Democrats\u2019 \u201csaving Democracy\u201d cry because it would disregard the party\u2019s primary voters without justification. Democrats could also work to quietly quash any in-fighting over Harris\u2019 selection during that time, while rallying party faithful to the ticket by promising an attractive vice-presidential candidate.<\/p>\n<p>This approach would also be the worst option for Republicans. While a President Harris might seem a less formidable opponent, now that the populace <em>knows<\/em> Biden is incompetent, he would be the easiest Democrat to defeat come November, mentally and policy-wise. That might prompt some congressional Republicans to remain silent, rather than demand Vice President Harris and Biden\u2019s Cabinet deliver a declaration of incapacity. But they too took an oath to \u201cbear true faith and allegiance\u201d to the Constitution and \u201cfaithfully discharge the duties of the office.\u201d<\/p>\n<p>So while the schadenfreude Republicans are currently enjoying is understandable \u2014 given that just two weeks ago the press accused those highlighting Joe Biden\u2019s incompetence as peddling a \u201ccheap fake\u201d \u2014 our country and Constitution must come first.<\/p>\n<p>Of course, that doesn\u2019t mean Republicans would be without grounds to attack a presidential candidate Harris. Beyond her bungling of everything she touched as vice president, Harris would be forced to defend her delay in seeking Biden\u2019s removal from office \u2014 for while the public at large only recently saw Biden\u2019s incompetence, The Federalist and others have been highlighting it for years. And as Biden\u2019s vice president, Harris clearly knew he lacked the capacity to serve as commander-in-chief long ago. Yet she, like the other members of the administration, only acted once they realized they could no longer hide the truth from voters.<\/p>\n<p>Harris\u2019 continued defense of Biden will only cement this reality in voters\u2019 minds, as will her ongoing inaction as she waits out Biden and his family\u2019s efforts to rehabilitate the president\u2019s image. The Democrat Party will likewise find itself tarred for years by its efforts to prop up Joe Biden.<\/p>\n<p>That doesn\u2019t mean they won\u2019t win the 2024 presidential election though. And Republicans would be foolish to think the Democrat\u2019s current implosion will prevent party loyalists and activists from getting ballots into the box \u2014 even if they don\u2019t yet know the candidate for whom they will be collecting votes.<\/p>\n<hr>\n<p>      Margot Cleveland is an investigative journalist and legal analyst and serves as The Federalist\u2019s <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/the-facts-on-trumps-lawsuit-against-hillary-clinton-the-dnc-and-more\/\" title=\"The Facts on Trump\u2019s Lawsuit Against Hillary Clinton, the DNC, and More\">senior legal correspondent<\/a>. Margot\u2019s work has been published at The Wall Street Journal, The American Spectator, the New Criterion, National Review Online, Townhall.com, the Daily Signal, USA Today, and the Detroit Free Press.     She is also a regular guest on <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/democrats-alito-freakout-is-a-false-flag-operation-to-take-down-the-court\/\" title=\"Democrats are falsely targeting Alito to undermine the Court\">nationally syndicated radio programs<\/a> and on Fox News, Fox Business, and Newsmax. Cleveland is a lawyer and a graduate of the Notre Dame Law School, where she earned the Hoynes Prize\u2014the <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/georgetown-student-bar-association-asks-students-to-list-pronouns-in-solidarity-with-transgender-peers\/\" title=\"Georgetown Student Bar Association Asks Students to List Pronouns \u2018In Solidarity\u2019 with Transgender Peers\">law school\u2019<\/a>s highest honor. She later served for nearly 25 years as a permanent law clerk for a federal appellate judge on the Seventh Circuit Court of Appeals.      Cleveland is a former <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/5-media-lies-about-the-latest-special-counsel-revelations\/\" title=\"5 Media Lies About The Latest Special Counsel Revelations\">full-time university faculty member<\/a> and now teaches as an adjunct from time to time. Cleveland is also of counsel for the New Civil Liberties Alliance.       Cleveland is on Twitter at @ProfMJCleveland where you can read more about her greatest accomplishments\u2014her dear husband and dear son. The views expressed here are those of Cleveland in her private capacity.<\/p>\n<\/p><\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Democrats are facing a difficult decision regarding Joe Biden&#8217;s mental competence and whether he should be removed from office. The Constitution provides clear guidelines for this situation, either through a voluntary declaration of incapacity by Biden or a forced removal by the vice president and Cabinet. The inaction by Vice President Kamala Harris and Biden&#8217;s Cabinet is a violation of their oath of office, as they are obligated to address the president&#8217;s inability to fulfill his duties. Removing Biden from office is necessary, regardless of the political implications, as the president must be able to command the executive branch effectively. Democrats have a constitutional option to replace Biden with Kamala Harris on the ballot, which would be the best choice politically. Republicans should also prioritize the country and Constitution over political gain, and hold Harris accountable for her role in delaying Biden&#8217;s removal. The Democrat Party may face long-term consequences for their handling of Biden&#8217;s incapacity, but they still have a chance to win the 2024 presidential election<\/p>\n","protected":false},"author":499,"featured_media":2289347,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2024\/07\/President-Biden-Lunch.jpg","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[33241,5045,3636,5894],"class_list":["post-2289346","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","tag-25th-amendment","tag-government","tag-impeachment","tag-politics"],"fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2024\/07\/President-Biden-Lunch.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2289346","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/499"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2289346"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2289346\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2289347"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2289346"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2289346"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2289346"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}