Monday, September 28, 2009

"You're fired."

Perhaps the most striking act of the Obama Administration to date is the firing of the CEO of General Motors. I was deeply disappointed that so few people asked whether the Constitution grants such power to a president (it doesn't). Yet the event set me to wondering. Mr. Obama ostensibly derived his power from the federal government's majority holdings in GM (also unconstitutional). Following that logic, could Mr. Obama also be fired?

Those of us who recall the Clinton years know that a president may be removed from office by Congress for "high crimes and misdemeanors." What that phrase means is difficult to say, although it seems to exclude taking advantage of young women and lying under oath. However, it seems doubtful that the Reid/Pelosi Congress would bring an impeachment action, unless Mr. Obama were to egregiously renege on his liberal agenda.

But impeachment is not the only way to remove a president. The 25th Amendment provides (in part):

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 principal 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.

Which appears to mean that Mr. Obama could be ousted by Mr. Biden, if the latter had the support of the Cabinet. To make it stick, however, two thirds of both Houses of Congress would have to agree. I almost regret that.

It is ironic, but I hope not unpatriotic, that I frequently find myself wishing that the Chinese Premier would drop a dime and tell Mr. Obama: "You're fired."

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