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Q: Presidential power ( Answered 5 out of 5 stars,   3 Comments )
Question  
Subject: Presidential power
Category: Miscellaneous
Asked by: jeraboo-ga
List Price: $5.00
Posted: 28 Oct 2006 10:18 PDT
Expires: 27 Nov 2006 09:18 PST
Question ID: 777798
If the President fired his entire cabinet and ordered the acting
attorney-general to charge every member of Congress and the supreme
court with Treason and have them arrested, what would happen?
Answer  
Subject: Re: Presidential power
Answered By: tutuzdad-ga on 30 Oct 2006 10:46 PST
Rated:5 out of 5 stars
 
Dear jeraboo-ga;

Thank you for allowing me to answer your interesting question. If the
President of the United States were to wake up this morning and decide
to fire every member of his cabinet and placed a call to the Attorney
General with the intent of having every member of Congress arrested
for treason, he would initially find out that no one was in the
Attorney General?s Office. Since the Attorney General is appointed by
the President and confirmed by Congress, he too, by virtue of his
appointment, service and affiliation would technically be a member of
whatever treasonous insurrection the President woke up thinking about
and subject to the same charges.

Assuming the Attorney General is the only staff member not targeted by
the President, the most likely scenario is that the White House
physician would be urgently summoned to see if he can find out what
has gone wrong with the Oval mind; for something is surely amiss here.

Seriously, believe it or not there is actually a legal response for
this type of inexplicable behavior and occurrence. If there is no
reasonable explanation for the President?s attempt to usurp the entire
US governing body, needless to say it would be incumbent upon the Vice
President, in accordance with the provisions set forth in the 25th
Amendment, to consider forcibly ?declaring? in writing (either
temporarily or permanently) that the President is unable to discharge
his duties. In such a case, and due to such inability, Amendment 25 of
the US Constitution Section 4 necessitates that the Vice President,
upon declaring the inability to prescribed authorities, will assume
full Presidential duties and authority.

?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.?
http://usgovinfo.about.com/blconst.htm#amend20

Such acts as you described are not specifically within the prescribed
doctrine of American politics nor are they Constitutionally sound,
though some of the acts are in fact Constitutionally sound when
enacted singularly and with just cause. Typically the acts you
described are forcible acts of a tyrant or aspiring dictator seeking
to undermine a government in order to retain for himself full
dictatorship. In my opinion the unreasonable and unprovoked dismissal
and arrest order (without probable cause, I might add) of the entire
US governing body would not only make it no further than the
President?s lips, but would also undoubtedly be viewed as an
aggressive political coup d'état that would be met with an immediate
and unforgiving response, which would, in turn, result in the
Constitutional termination of the President?s authority.

I hope you find that my answer exceeds your expectations. If you have
any questions about my research please post a clarification request
prior to rating the answer. Otherwise I welcome your rating and your
final comments and I look forward to working with you again in the
near future. Thank you for bringing your question to us.

Best regards;
Tutuzdad-ga ? Google Answers Researcher



INFORMATION SOURCES

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SEARCH TERMS USED:

PRESIDENT

AUTHORITY

CONSTITUTION

25TH AMENDMENT
jeraboo-ga rated this answer:5 out of 5 stars and gave an additional tip of: $5.00
Excellent answer as always from Tutuzdad-ga. Wish I could tip more.

Comments  
Subject: Re: Presidential power
From: keystroke-ga on 28 Oct 2006 10:34 PDT
 
Hmm... I would say that Congress would immediately begin impeachment proceedings. 

If the charges were bogus, the acting attorney-general would not be
able to carry them out on such a grand scale.  There would have to be
evidence in order for any trials to occur.  In addition, the Senate
would have to approve the new Cabinet and they probably would either
not approve it, or would insist that the President not fire all
his/her cabinet at once and create mass havoc.  The public would not
appreciate that either and would be upset that such disorder was being
created in the executive branch.

There would be great public outcry over the arrest of the entire Congress.

Most people would support the impeachment proceedings begun by Congress.

The president would not really be able to get away with this unless he
was a very charismatic/persuasive persona.
Subject: Re: Presidential power
From: jeraboo-ga on 28 Oct 2006 10:54 PDT
 
There would be no new cabinet, just acting Secretaries who don't need
Senate confirmation.
Subject: Re: Presidential power
From: barneca-ga on 28 Oct 2006 13:53 PDT
 
i think the cabinet serves at the pleasure of the president, so firing
the whole group wouldn't be illegal.

as for the rest of your question, do you mean what would happen
legally, or what would happen realistically?

pretty sure there are some legal limitations on a coup d'etat. but
even if there aren't, a pretty large majority would simply not go
along with it.  i think.  or at least hope.

-cab

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