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57:09Now PlayingThe ongoing public struggle among Democrats over Joe Biden’s fitness for office must conclude. It's evident to everyone, including America’s adversaries, that our commander-in-chief is mentally incompetent. The solution is clear and constitutionally provided: Joe Biden must be removed from office, with the vice president stepping in as president.
The primary question for Biden and his party is whether this removal will be voluntary, under Section 3 of the 25th Amendment, or forced, under Section 4. Will Biden submit a written declaration to Congress stating his inability to discharge his duties? Or will the vice president and a majority of the Cabinet inform Congress of Biden’s incapacity, thereby removing him from office?
A day or two to decide is reasonable. Extending this decision to a week stretches credibility. The inaction by Vice President Kamala Harris and Biden’s Cabinet now borders on a violation of their oath of office. They swore to “bear true faith and allegiance” to the Constitution and “faithfully discharge the duties of the office.” This oath mandates they provide Congress with a written declaration of the president’s inability to perform his duties.
There is no room for delay or "wait and see" tactics to gauge public perception through choreographed appearances or edited interviews. No amount of spin or conspiracy theories can change the clear evidence of Biden’s mental incapacity displayed during the debate.
Whether due to age, dementia, or Alzheimer’s is irrelevant. The president of the United States cannot perform his duties if he lacks mental clarity at any time. The commander-in-chief must be capable of commanding the executive branch 24/7.
Any counterarguments are politically and constitutionally invalid.
While Biden’s aides may have been making decisions on his behalf, the Constitution establishes a “unitary executive,” where the president alone commands the executive branch. The Constitution clearly outlines the process for when a president is unable to fulfill these duties.
Removing Biden from office is politically challenging, especially as he is the Democratic presidential candidate. Some Democrats appear focused solely on removing Biden from the ballot, not from the presidency, ignoring the paradox of deeming him unfit for re-election but fit to run the country.
With only four months until the general election, Democrats face a difficult decision but have a clear constitutional option. Ironically, this constitutional action is likely the best political move. By promptly removing Biden, Democrats can enter their convention with Kamala Harris as the sitting president, ready to replace Biden on the ballot. This allows them to focus on their new candidate rather than debating Biden’s replacement at the convention, avoiding further public displays of incapacity.
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