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LuckyCharms

(17,413 posts)
Thu Nov 12, 2020, 11:32 AM Nov 2020

I'm assuming that there is not a goddamn thing in the US Constitution that addresses

the intentional slow-walking and blocking of the transition between two presidential administrations, thereby hamstringing national security and thereby letting an uncontrolled and fatal pandemic murder hundreds of thousands of United States citizens unabated.

Would that be correct?

49 replies = new reply since forum marked as read
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I'm assuming that there is not a goddamn thing in the US Constitution that addresses (Original Post) LuckyCharms Nov 2020 OP
This message was self-deleted by its author Chin music Nov 2020 #1
Impeachment papers should be ready to file as soon as Georgia's Dem Senators are sworn in. Budi Nov 2020 #8
This message was self-deleted by its author Chin music Nov 2020 #9
Needs a 2/3 Senate vote to convict central scrutinizer Nov 2020 #13
Thanks...it's an area I haven't dug into a lot. As to VP or AG removal Budi Nov 2020 #28
You haven't been paying attention here? dware Nov 2020 #19
Excuse me? No need to be condescending. Budi Nov 2020 #33
The Impeachment process has been explained here for well over a year, dware Nov 2020 #37
Hey, did you read my post at all? Budi Nov 2020 #38
i was just pointing out the obvious. nt dware Nov 2020 #39
Ummm, perhaps you should ... 11 Bravo Nov 2020 #41
Perhaps I should, dware Nov 2020 #42
U.S. Constitution ... Hermit-The-Prog Nov 2020 #48
This message was self-deleted by its author Chin music Nov 2020 #43
The Senate will not convict. It's a waste of time. Not going to happen no matter how many times onenote Nov 2020 #27
As I stated in my post. It would be my preferred scenario.. Budi Nov 2020 #34
This message was self-deleted by its author Chin music Nov 2020 #44
What would be that purpose? onenote Nov 2020 #46
The president still can be impeached. At minimum we should only allow congress to remove IG's uponit7771 Nov 2020 #2
That's a very important point. IG's should never be able to be "fired" by the president alone. BComplex Nov 2020 #11
There is not point to impeachment. We can't convict. Demsrule86 Nov 2020 #23
I don't know how many times this has to be said dware Nov 2020 #40
This message was self-deleted by its author Chin music Nov 2020 #45
..or lying to the American people about a pandemic that ends up costing a quarter of a million lives spanone Nov 2020 #3
Congressional oversight including the ability to impeach exboyfil Nov 2020 #4
In order to remove a president. The Senate must convict...and that will never happen so what Demsrule86 Nov 2020 #24
Our constitution needs a remake Sgent Nov 2020 #5
However, it's the wing nuts who have any organization for a constitutional "remake" JHB Nov 2020 #20
Constitutionally speaking, the new president isn't officially determined until congress meets in jan unblock Nov 2020 #6
The Constitution was written in an era when it took weeks... Wounded Bear Nov 2020 #7
This is at the heart of so much of what's wrong with the constitution today. BComplex Nov 2020 #15
it was deeply flawed from the outset. Voltaire2 Nov 2020 #18
True that! BComplex Nov 2020 #26
Maybe Sgent Nov 2020 #47
Best? Unprovable. It just was what we did. Voltaire2 Nov 2020 #49
The way we do the transition now started in 1963 Cuthbert Allgood Nov 2020 #10
There is nothing in the Constitution that addressed transition at all. MineralMan Nov 2020 #12
I wonder if any of the high ranking people Trump has fired are talking to Biden and his people? marie999 Nov 2020 #14
I sure hope so! n/t BComplex Nov 2020 #21
I don't think the Constitution contemplated such a President gratuitous Nov 2020 #16
And part of that, I think, is that even though the framers put "treason" as a crime punishable by BComplex Nov 2020 #29
The impeachment clause was supposed to cover presidents like him. We all saw how that worked out. nt mtnsnake Nov 2020 #32
The founders assumed the senate would Wednesdays Nov 2020 #36
Joe said it is having no substantial effect Steelrolled Nov 2020 #17
25th amendment. nt Binkie The Clown Nov 2020 #22
Vice President Pence. onenote Nov 2020 #30
No, Because RobinA Nov 2020 #25
You already knew there wasn't Kaleva Nov 2020 #31
I prefer the Parliamentary system malaise Nov 2020 #35

Response to LuckyCharms (Original post)

 

Budi

(15,325 posts)
8. Impeachment papers should be ready to file as soon as Georgia's Dem Senators are sworn in.
Thu Nov 12, 2020, 11:44 AM
Nov 2020

Impeach them swiftly & end the bs.

Barr, Pence, Trump all on the same damn day & within an hour walk them out the WH doors.
Enough is enough.

Well that'd be my scenario..

I don't know if the House needs the Senate approval to remove Pence or Barr.
Probably, & that's why we need Georgia. They wouldn't be sworn in until the 1st week of Jan, but that's still enough time to send Trump out the door without collecting on the future perks a President receives after leaving Office.

And he better not get a portrait hanging on the wall next to Barack Obama either. 🤬

Response to Budi (Reply #8)

dware

(12,259 posts)
19. You haven't been paying attention here?
Thu Nov 12, 2020, 12:06 PM
Nov 2020

It has been pointed out numerous times that the House impeaches, the Senate convicts and removes, but for that to happen, a 2/3rd's majority of Senators are needed and there is zero chance of that happening.

 

Budi

(15,325 posts)
33. Excuse me? No need to be condescending.
Thu Nov 12, 2020, 12:28 PM
Nov 2020

Info flys fast around here & as I stated above, It's my own personal preferred scenario.

I haven't dug into all that goes with removal VP, Ag...which is why I asked the question.

I realize some here know far more than I about politics & Law, & some speak more than they know, but Is it ok to present a question I'm not sure of, on DU?

Maybe I'll just ask someone else. Never mind.






dware

(12,259 posts)
37. The Impeachment process has been explained here for well over a year,
Thu Nov 12, 2020, 01:09 PM
Nov 2020

including numerous times by myself and several others here just very recently.

Don't they teach Civics 101 in schools anymore?

 

Budi

(15,325 posts)
38. Hey, did you read my post at all?
Thu Nov 12, 2020, 01:18 PM
Nov 2020

I don't need to hear anymore of your condescenion.

Welcome to IGNORE . 🙄

dware

(12,259 posts)
42. Perhaps I should,
Thu Nov 12, 2020, 01:37 PM
Nov 2020

but it bugs me when, despite this being discussed many, many times, people still don't know how our system works.

Anyways, have a great Thursday.

BTW, that was a great line in that movie, Warren Oates was a great actor.

Hermit-The-Prog

(33,259 posts)
48. U.S. Constitution ...
Fri Nov 13, 2020, 05:14 AM
Nov 2020
https://www.law.cornell.edu/constitution/articleii
Article II, Section 4
The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.


https://www.law.cornell.edu/constitution/articlei
Article I, Section 2
The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment.


Article I, Section 3
The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no person shall be convicted without the concurrence of two thirds of the members present.


Article I, Section 5
Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each House may provide.


Note it says "two thirds of the members present." A majority of the Senate would be 51 members so it could take as few as 34 for conviction following impeachment by the House. That's not likely.

Response to dware (Reply #19)

onenote

(42,598 posts)
27. The Senate will not convict. It's a waste of time. Not going to happen no matter how many times
Thu Nov 12, 2020, 12:19 PM
Nov 2020

somebody suggests it on DU.

Response to onenote (Reply #27)

onenote

(42,598 posts)
46. What would be that purpose?
Thu Nov 12, 2020, 04:48 PM
Nov 2020

There’s a fucking pandemic killing more than 1000 people a day. There is legislation yet to be enacted to provide financial relief to these in need. The government is on the verge of having its latest funding extension expire.

And folks think that starting a “symbolic” impeachment actions that against folks who will be out of office in two months would be well received by the public?

Fortunately Biden, Pelosi and Schumer are smart enough to know what a bad idea this is.

uponit7771

(90,304 posts)
2. The president still can be impeached. At minimum we should only allow congress to remove IG's
Thu Nov 12, 2020, 11:34 AM
Nov 2020

... that were put in place by congress etc.

BComplex

(8,019 posts)
11. That's a very important point. IG's should never be able to be "fired" by the president alone.
Thu Nov 12, 2020, 11:51 AM
Nov 2020

There needs to be a vote of at least the "big 8" or whatever it's called, where the chairmen of the judicial/intelligence committees house/senate get together.

Response to uponit7771 (Reply #2)

exboyfil

(17,862 posts)
4. Congressional oversight including the ability to impeach
Thu Nov 12, 2020, 11:37 AM
Nov 2020

I know that is a joke, but that is supposed to be the way it works.

Demsrule86

(68,469 posts)
24. In order to remove a president. The Senate must convict...and that will never happen so what
Thu Nov 12, 2020, 12:17 PM
Nov 2020

is the point?

Sgent

(5,857 posts)
5. Our constitution needs a remake
Thu Nov 12, 2020, 11:39 AM
Nov 2020

on Article 2 dealing with the executive branch. John Woo's side won, and current jurisprudence says that Trump could fire everyone in the US government except for Article III judges and Congress -- the only thing that can check him is impeachment / removal.

Other countries have figured out a better system for a more devolved executive.

JHB

(37,157 posts)
20. However, it's the wing nuts who have any organization for a constitutional "remake"
Thu Nov 12, 2020, 12:12 PM
Nov 2020

A second Constitutional Convention has been on the Koch brothers' wish list for decades, and they used their resources to promote the idea.

Any 2CC for the foreseeable future would quickly be high jacked by that faction to lock in the advantages of the super-wealthy. It would be a second Confederate constitution.

unblock

(52,126 posts)
6. Constitutionally speaking, the new president isn't officially determined until congress meets in jan
Thu Nov 12, 2020, 11:41 AM
Nov 2020

To count and certify the electoral votes and address any challenges.

So the transitions we normally have are actually on a very aggressive timeframe from a constitutional perspective.

Wounded Bear

(58,604 posts)
7. The Constitution was written in an era when it took weeks...
Thu Nov 12, 2020, 11:44 AM
Nov 2020

to get mail from one end of the country to the other. Roads were virtually non-existant and most interstate travel was done over water. Communications were a bit more problematic back then.

BComplex

(8,019 posts)
15. This is at the heart of so much of what's wrong with the constitution today.
Thu Nov 12, 2020, 12:01 PM
Nov 2020

It is a totally genius document, for its time. But we're in a new world; one that our fore"fathers" could never have imagined.

It needs tweeking to prevent a fascist takeover. Trump was the SECOND attempt at a fascist takeover of our democracy. I don't want the third time to be the "charm".

BComplex

(8,019 posts)
26. True that!
Thu Nov 12, 2020, 12:18 PM
Nov 2020

During this election season I've heard it said many times that allowing slavery from the start was our "original sin". That, and not bothering to think through that women were somehow capable of thinking enough so that they were also people, and should vote every bit as well as men. (WTF??)

You're right. It was terribly flawed from the outset.

Sgent

(5,857 posts)
47. Maybe
Fri Nov 13, 2020, 03:55 AM
Nov 2020

IMHO without that compromise the country wouldn't have existed and would have been reabsorbed into GB in 1812. Its a very flawed document, its also the best one we could make and form a country.

Voltaire2

(12,963 posts)
49. Best? Unprovable. It just was what we did.
Fri Nov 13, 2020, 05:16 AM
Nov 2020

The elevation of the constitutional into some sort of holy text, ‘the best possible’ or ‘the greatest’, is part of our national mythology and is part of the sickness that has lead us to where we are.

Cuthbert Allgood

(4,907 posts)
10. The way we do the transition now started in 1963
Thu Nov 12, 2020, 11:51 AM
Nov 2020

There is nothing that is going to make Trump do anything other than, hopefully, pressure from the legislative branch to make sure that Biden and team are in place and up to speed when he takes office. Otherwise, there will be several days where we are seriously vulnerable. But there is no law in place or provision in the Constitution to make him.

MineralMan

(146,262 posts)
12. There is nothing in the Constitution that addressed transition at all.
Thu Nov 12, 2020, 11:54 AM
Nov 2020

That's a relatively new phenomenon of Presidential change.

gratuitous

(82,849 posts)
16. I don't think the Constitution contemplated such a President
Thu Nov 12, 2020, 12:01 PM
Nov 2020

The idea that the president would put his own selfish interests ahead of the good of the country and the nation's security probably hadn't occurred to folks pre-Trump. There was a spate of reform legislation in the 1970s after Nixon was ousted to deal with some of the more egregious crimes of his administration. Most of those reforms have been repealed since then, but the 2020s could see a renewal of interest in reining in the Executive.

BComplex

(8,019 posts)
29. And part of that, I think, is that even though the framers put "treason" as a crime punishable by
Thu Nov 12, 2020, 12:21 PM
Nov 2020

death, our country couldn't get their brains around what trump was doing with putin was treason! It sure as hell IS treason!!! And he should be TRIED for treason!

mtnsnake

(22,236 posts)
32. The impeachment clause was supposed to cover presidents like him. We all saw how that worked out. nt
Thu Nov 12, 2020, 12:22 PM
Nov 2020

RobinA

(9,886 posts)
25. No, Because
Thu Nov 12, 2020, 12:17 PM
Nov 2020

our system does depend on a certain amount of agreement to play by the rules. I'm realizing that more and more now that we have somebody in there that refuses to follow the rules of basic civility.

malaise

(268,715 posts)
35. I prefer the Parliamentary system
Thu Nov 12, 2020, 12:33 PM
Nov 2020

The election is called and you're the ex- Prime Minister. Pack and leave. There is way too much time between elections and departure in the US.

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