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What Happens If A Presidential Nominee Is Incapacitated?



What Happens If A Presidential Nominee Is Incapacitated?Political highlights from the past fortnight include Joe Biden's shocking Super Tuesday zombie-resurrection win and now his bludgeoning of Bernie in Michigan, who's on the ropes. Dismissed by experts a few weeks ago, Biden now owns a commanding lead. Also, inevitable resignations of presidential primary poseurs occurred: Klobuchar, Buttigieg, Bloomberg and Warren--who withdrew, whimpering over sexism and the national tragedy for girls.
Stranger yet--bizarre threats by Dem Senate supremo Charles Schumer, offering his bloodthirsty army of baby killers adult human sacrifices. Infamously ranting against the Supreme Court, Schumer bellowed: "I want to tell you, Gorsuch, I want to tell you, Kavanaugh, you have released the whirlwind and you will pay the price. You won't know what hit you if you go forward with these awful decisions." This SCOTUS threat even shocked Larry Tribe. After Nancy Pelosi went native over Trump's SOTU speech, we must admit we're not in Kansas anymore.  Yet, all was just prologue to the real source of liberal angst: The war between two spent icons of leftism. It's Biden versus Sanders, derelict survivors of a formerly robust Democrat Party. These ring-scarred veterans now grapple in a grim octogenarian octagon. Joe, Obama's socialist, second-banana confronts Bernie, glowering, sour-pussed Marxist.  Since the Dems prefer Biden, a hard question remains: Is uncle Joe mentally fit? Well, Biden gaffes have skyrocketed. Now 77, semi-lucid Joe appears sinking into irreversible cognitive decline. This issue towers over other concerns, like Ukrainian hijinks of playboy son Hunter, or whether his Papa  has a hair-sniffing fetish. Or as Ray Charles succinctly sang, it's cryin' time again--for the left.

So, how would Biden's senility be addressed if certified?  Black's Dictionary defines Legal Incapacity as a "Person unable to make rational decisions or engage in responsible actions. Mental and/or physical deficiency, disability, illness, drug use causing temporary or permanent impairment." Here, such claims would be medically examined and addressed. A famously incapacitated American President was Woodrow Wilson, crippled by stroke in October 1919. Then there was no 25th Amendment, later passed after JFK's assassination in 1967. Woodrow lingered 17 months in twilight.  Two scenarios arise from Biden legal incapacity that Democrats can parlay into advantage. Picking a talented and popular vice president is essential. If Biden wins the presidency and is seated, but then found incapacitated, per the 25th Amendment, his VP would become president. This allows the Party many attractive options, if they "accidentally" ran a mentally incompetent nominee. For example, Michelle Obama is touted an unbeatable candidate, one inevitably reelected, given her cache'. A second scenario: If Biden won the nomination, but was ruled incapacitated before the election, he must be replaced. This option is trickier, as Bernie's strong supporters would demand him. Since we know Democrats already oppose Bernie, then would legendary Democratic "dirty tricks" finesse another candidate into position? But, if Bernie were supplanted, this would start a Democrat civil war! And if a presidential nominee died, or was incapacitated before the general election? According to the website USConstitution.net, "If a presidential candidate dies after the party convention and before the election, particularly before ballots are printed, the party can select a new person to represent the party on the ticket. The choice will depend on the party's own rules."

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Or, what if a candidate is elected president, then ruled incapacitated after winning, but before being seated? The Washington Examiner writes, "If that candidate dies or becomes incapacitated between the general election and the meeting of electors individual states may pass laws on the subject, but no federal law proscribes how electors must vote in that situation." The obvious question is--How in the name of Zeus can a weakened Biden possibly defend himself against Trump's unrivaled verbal ferocity? So arguably, the urgent goal is to find a Democrat who can nimbly joust with Trump in debate. Sadly, Uncle Joe currently seems so mentally diminished he'd be a boxer's speed bag for Donald to toy with. But is this scenario the only Dem hope to save this election?  With such unhinged opponents who've already run two transparently fake investigations to eradicate President Trump, Republicans cannot lightly dismiss more crazed attempts to regain power. And forewarned is forearmed.

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Kelly O'Connell——

Kelly O’Connell is an author and attorney. He was born on the West Coast, raised in Las Vegas, and matriculated from the University of Oregon. After laboring for the Reformed Church in Galway, Ireland, he returned to America and attended law school in Virginia, where he earned a JD and a Master’s degree in Government. He spent a stint working as a researcher and writer of academic articles at a Miami law school, focusing on ancient law and society. He has also been employed as a university Speech & Debate professor. He then returned West and worked as an assistant district attorney. Kelly is now is a private practitioner with a small law practice in New Mexico.


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