Over on AmericaBlog they have an interesting post today on the possibility of removing shrub from office. The 25th amendment to the constitution deals with circumstances of removing or temporarily replacing the the president if the the president dies or becomes incapacitated. It reads as follows:
Twenty-Fifth Amendment – Presidential Vacancy, Disability, and Inability
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.
Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principle officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
In general, I would love to see shrub yanked for being mentally incompetent. However, at this point in time, the treatment may well be worse than the disease. If the president is removed, the vice-president takes over. And handing the reins to Tricky Dick II is not a thought I can stomach. Now if the big time dick is indicted and is forced to resign, that opens up a whole new ball game. If the democrats in congress can grow some balls and actually have some impact on the selection of a replacment vp, then the 25th amendment might actually be a palatable alternative.