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The Best Path Forward Is Bipartisan Statesmanship, Not The 25th Amendment Or Impeachment (Washington Examiner) January 8, 2021

Posted by daviddavenport in Op/Eds.
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Americans are bandwagon people, jumping quickly from one opinion to another. Once we jump, we want to fire up the engines and go full speed ahead.

Now, in the wake of the Capitol insurrection, many want to impeach the president right now, or use the 25th Amendment of the Constitution to remove him from office less than two weeks before his scheduled departure.

The fact is that our Founders designed an ocean liner government, not a speedboat. The government is intentionally designed not to take sudden turns or execute instant changes of course. The republic was constructed with all manner of filters, checks and balances, and separations of power, requiring time and deliberation to change course. Our Founders urged that we follow “the cool, deliberate sense of the community” over time, not the passions and factions of the moment.

Impeaching a president requires not just a vote of the House to impeach but a subsequent trial in the Senate. The most recent impeachment trial, of President Trump himself, took approximately three weeks to complete. At five weeks, former President Bill Clinton’s impeachment trial was even longer.

The notion that a president would be impeached, prepare, and stand for a full trial in less than two weeks (with both chambers on recess and out of town, no less) is simply not realistic. Our system was not built for that kind of speed. It was built for deliberation.

Use of the 25th Amendment is also problematic. It is really designed for a president who is disabled, not one we no longer trust. All three times it has been used involved medical procedures for former Presidents Ronald Reagan and George W. Bush.

Like impeachment, it is also a complicated process that will take time, requiring first a declaration by the vice president, supported by the majority of the Cabinet, that the president is “unable to discharge the powers and duties of his office.” Does not liking or trusting how he is discharging them render him “unable?” I doubt it.

Then, the president could dispute the declaration, causing Congress to reconvene and decide the matter (requiring a two-thirds majority vote to find him “disabled”) within 21 days. By then, of course, Biden will be president.

Removing the president promptly, then, is highly unlikely through the push of a constitutional button. But there is another alternative, one that the Founders also contemplated: We will need statesmen and leaders to help guide us through the next two weeks.

We will need Vice President Mike Pence, who stood up and told the president he could not change the electoral vote, and who apparently also called for the National Guard to help quell the riots, to step up. It will mandate that members of Congress worry less about how they look to Trump’s political constituencies and care more about how they lead the republic. It will call for more from Republican Sens. Mitt Romney and Ben Sasse, and less from the intemperate Sens. Josh Hawley and Ted Cruz.

In our time, we think any problem should be fixed immediately, like that truck I saw hauling sod down the freeway with its sign reading, “Instant grassification.” But a democratic republic is a slow, careful, deliberative, sometimes messy business. However, it does respond to the voice of the people, more often through leadership than through structural processes.

We will be healthier in the long run if we survive the next two weeks through greater bipartisanship and leadership rather than through more Senate trials or divisive impeachment and 25th Amendment votes. Let the rational voices stirred by the mob this week, and the steadier leadership we have seen from some of our leaders, see us through.

It’s not only the best way. Given the limited time for the alternatives, it is the only way we will make it.

To read the column at the Washington Examiner:

https://www.washingtonexaminer.com/opinion/the-best-path-forward-is-bipartisan-statesmanship-not-the-25th-amendment-or-impeachment

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