Archive for the ‘Constitution – Rights’ Category

MUST READ: About the 25th amendment…

August 18, 2021

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…

Constitution says “All men are created equal, not just Americans” … say, what?

February 14, 2017

Liberal talking point has a few holes …

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A near-viral liberal assertion these days is that the Constitution protects all people, not just Americans.

Sorry, Charlie … that’s just not true.

For openers, glance at the Preamble to the Constitution

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Note that it says “We the people of the United States  … not “We the people from everywhere around the globe”

And it says “… to secure the blessings of liberty to ourselves and our posterity” … not “… to anybody from anywhere on the planet who may sneak across our borders.”

Seems like a clear (and narrow) definition to me.

Some may not like that proclamation, but that’s the way it reads, folks.

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OK, let’s give the libs some slack …

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Obama: Against mumbo jumbo … say, what?

October 6, 2015

During last Friday’s press conference, President Obama criticized opponents to his policies as having “half-baked ideas” and speaking “mumbo jumbo” …  and, he said that Congress should tighten gun control laws because “the polling says the majority of Americans understand we should be changing these laws “ and “Congress should act on behalf of the majority”  Source

Yesterday, we commented on the majority rule part of the teaching moment …. pointing out that “acting on behalf of the majority” didn’t seem to be important for ObamaCare or the Iran Deal.

Perhaps the President has had a change of heart re: the will of the majority.

Or he, himself, may be spewing some mumbo jumbo.

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Today, let’s dig a little deeper on the basic premise behind his call for action on stricter gun laws:  a majority of Americans favor such a move.

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Nums: Don’t ban assault rifles … ban hammers!

January 25, 2013

First, a couple of disclaimers: (1) I don’t own a gun, I’ve never fired a gun … and I don’t plan to do either in my lifetime (2) I’m pro-Constitution, so I hate it when Constitutional rights are stripped away … that’s a very slippery slope  (3) So, despite my personal aversion to guns, I’m not big on infringing other people’s right to own them (4) I love kids and I lived in Trumbull, CT … just down Rt.25 from Newtown … so, I took the school killings hard.

OK, with that out of the way, let’s look at the numbers to see how silly the DC debate has gotten.

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Practically all of the political effort is on banning law abiders from owning assault rifles and high capacity ammunition clips.

Below is some FBI data that may surprise you …

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