Monday, February 27, 2017

Ouster

   There are two ways listed in the Constitution to remove a sitting president from office. One is impeachment by the House of Representatives, then trial and conviction by the Senate of treason, bribery or some other high crime or misdemeanor.
   The other is covered in Amendments 20 and 25, which details how a president who is unable to continue to do the job can voluntarily step aside after written notice to Congress and the duties pass to the vice president, who is then named acting president until the president notifies Congress that he is once again up to the task. At that time, the acting president steps back and the elected president returns to the Oval Office. If there is no vice president, the next in line according to Constitutional rules becomes the acting president. This scenario was acted out in "The West Wing" TV series. That, of course, was fiction.
   A second possibility, if the president does not ask to be temporarily replaced, is that Congress determines that he is indeed unable to perform the duties of his office, and rules that he must be temporarily replaced.
   In either context, a president can challenge the ouster and demand to be allowed back in to the Oval Office, in which case Congress hears the challenge and decides whether to return him to his duties.
   That's a simplified explanation of the procedure. Ambitious folk can read the Constitution's two relevant amendments and decide whether this editor is unhinged.
   In any case, the ouster plan depends on whether a president is indeed unhinged and should be replaced.
   Nothing is said in the Constitution about how or why a president is unable to do the job -- whether for physical health reasons, mental health reasons, emotional health reasons, or any other reason. That's up to Congress to decide and act accordingly.
   As a practical matter, since the current Congress is dominated in both the Senate and the House of Representatives by the same party as the current president, unless the Republican majority undergoes a remarkable change of attitude, it's not likely to happen.
   Nor are they likely to take the impeachment route.
   But they could. And if the crowds of protestors at recent town hall meetings have any influence on elected representatives, they might.

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