There are implications beyond the prospect of Kamala’s ascendency to the Presidency.
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Given the Afghan fiasco, there are already rumblings about the Dems invoking the 25th Amendment on Biden.
For now, let’s skip over the questions of whether there’s a strong case to be made … and whether it could be pulled off.
We’ll jump to the “what if?” implications.
But first, some background…
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The Constitution
There are 4 sections to the 25th Amendment.
We’ll skip Sections 3 and 4 which deal with the political processes and focus on the core ramifications.
Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
Here’s how Sections 1 & 2 work
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Nixon, Agnew, Ford & Rockefeller
In 1972, Nixon was elected president and his running mate, Spiro Agnew was elected vice president.
In 1973, Agnew was investigated “on suspicion of criminal conspiracy, bribery, extortion and tax fraud” … he pleaded no contest to a single felony charge of tax evasion and resigned from office.
President Nixon nominated Gerald Ford to be the new vice president pursuant to Section 2. Ford was confirmed by both the Senate and the House. by a wide majority
In 1974, Nixon resigned and Ford became president under Section 1.
The office of vice president was thus again vacant.
Ford nominated Nelson Rockefeller, former New York governor, for the vice presidency. Rockefeller was confirmed by a majority of both the Senate and House.
Tidbit: Ford, who was defeated by Carter in 1976, is the only president to have been elected neither president nor vice president.
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So, what if?
Now, let’s pretend that the Dems invoke the 25th Amendment on Biden and prevail.
Vice President Harris becomes President Harris… and the VP position becomes vacant.
OK, so Harris nominates somebody to be VP.
Here’s where things get interesting…
Keep in mind that the Senate is split 50-50.
Now when there’s a tie, VP Harris steps in to break the tie and Dems prevail.
But, if the 25th were invoked, there would be no tie-breaking VP and Section 2 calls for a majority … a tie isn’t good enough.
Hmmm
So, the GOP could stonewall any nomination that Harris puts forward … and in the process, deny Dems a majority vote on any issue.
Take for example, the $3.5 trillion “Make America Sweden” Bill (aka the human infrastructure bill).
The GOP could block it without even needing Mancin or Senema to vote against it.
Double hmmm.
More generally, invoking the 25th would potentially stop the Dem’s socialist agenda in its tracks.
Suddenly, the thought of President Harris doesn’t sound so bad…
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