Accuracy in Media

Just when we thought things could not get any more ridiculous, along comes Eric Posner.

In a piece that ran in the Washington Post and Chicago Tribune, Eric Posner, who teaches at the University of Chicago Law School and wrote the book “The Twilight of International Human Rights Law,” argues that President Trump’s eight months in office “exposed a defect in our constitutional system.”

The defect is this: Presidents can be removed if convicted of high crimes and misdemeanors. They can be removed under the 25th Amendment if they are incapacitated by physical or mental illness.

“But there is no obvious solution for a president who has not committed a crime or been disabled by illness but has lost the confidence of the public because of a failure of temperament, ideology or ability. “

Posner proposed expanding the 25th Amendment to address this by creating a Presidential Oversight Council that could recommend removal of the president on political rather than medical grounds. “When both the president’s party and the opposing party lose confidence in the president’s ability to govern, the council would stand ready to evaluate him and make a recommendation to Congress. Congress would be required to vote on its recommendation.”

He said the authors of the 25h Amendment left open this very possibility when they used the language “unable to discharge the duties of his office.” Since it does not specify this refers to mental or physical factors, Posner reasons, presidents could be removed even if their incompetence “results from other reasons – including a failure of temperament, ideology or ability.”

And since the amendment authorizes Congress to create a body to report on the president’s ability to serve, and since it states explicitly the body must include the vice president but does not say it must include medical professionals, it could be formed with senior elected officials of both parties.

All of this – proposing to remove presidents because of a “failure of temperament, ideology or ability” or allowing Congress to end a presidency if both parties “lose confidence in the president’s ability to govern”  – is OK, Posner said, because it would “give notice to Trump and his aides that outrageous behavior will no longer be tolerated and is not shielded by the Constitution.”

There is already a solution for presidents who have not committed crimes or been disabled by illness but have lost the confidence of the public – an election. Never answered is whether the president could remove Congress if Congress were found incompetent – which, with its 8 percent approval rating, might not be difficult.

The Constitution did not and never will endorse this Presidential Oversight Council, in part because it laid out terms of office for the president, a system of checks and balances that deliberately does not require him to maintain good relations with Congress and a system for legitimate removal from office.

Posner tells us Congress would have to approve the proposal, as if that makes it better. Imagine if presidents had to maintain the support of Congress to stay in office. How long after the 2010 midterms would President Obama have survived? He had no support in Congress for the last six years of his presidency. By the end, his own party had grown weary from the lack of progress on many issues.

Posner would go a step further and make this a permanent body that meets regularly. This way “oversight of the president would be normalized and wouldn’t require the sort of crisis that motivates impeachment decisions.” We could just casually get tired of a president and get rid of him like an uncomfortable pair of shoes.

The 25th Amendment, created in panic after President Woodrow Wilson was debilitated in office by a stroke, may not specifically state who should belong to the body that studies the president’s fitness for office. But its clear intent is not what Posner calls for – removal of a duly elected president over concerns by members of Congress or others about “the president’s character.”

Fortunately, we already have judges in place to determine whether presidents have sufficient character to serve. There are about 200 million of them. They’re known as voters.





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Comments

  • MILES E DRAKE

    The plan is clearly to make the elected President the puppet of a globalist, marxist and metrosexual oligarchy of pointy heads, hanky heads and kinky heads. They had almost achieved aristocratic dictatorship during the 8-year misrule of The Mongrel, and would have completed the erection of their dictatorship during the reign of The Drunken Lesbian Witch. The miraculous election of 2016 was the American people’s last chance to stop their scheme short of a second civil war.

  • maryloujb

    Mr. Posner can dream on. If they tried to remove Trump from office there would be a civil war. Care to wager on who wins that fight? It won’t be those sitting in Washington or this law professor. They would be running for their lives!

  • Education has become inculcation. Posner is living proof.

    Several articles have appeared online regarding drops in enrollment at colleges which have gained notoriety as hotbeds of “social justice warriors”. One such institution is Oberlin.

    http://www.washingtontimes.com/news/2017/sep/14/enrollment-drops-at-schools-known-for-social-justi/

    Oberlin has attempted to recruit callow leftists for years. In 1962 I was offered admission to Oberlin. Nothing necessarily unusual there. Except for the fact that I never applied nor expressed interest in the college. Fortunately many parents today are becoming aware that education has been replaced by inculcation.

    There’s the old saw about the University of Pittsburgh: The main building on its campus is a 42 story, 535 foot tall skyscraper, which is known as the Cathedral of Learning/Tower of Learning. But it also has been called “The Height of Ignorance”.

  • Paul Anderson

    Since the rise of Nazi Germany, Columbia University has been engaged in promoting and spreading Cultural Marxism, in an effort to destroy western culture. Should we really consider anything promoted by this Univ and it’s staff….NO

  • Peter

    Posner. You are no founding father as you fancy yourself. You did not vote for Trump and you lost and are a sore loser. Your would like to depose Trump because Hillary was your choice. Your one vote. Your solution is crystal clear child tantrum tactics. So transparent because you failed to muddy the waters enough to blur our focus about your scheme. No depth. Not devious enough. If the Congress must vote in tandem as your Oversight Council, then the Oversight Council dictates to the Congress now a rubber stamp. What remains is a puppet government. What you are really saying is anyone who votes for Trump is not fit to vote and should be disenfranchised.
    But you already have a puppet government. Only difference with Trump is he pulls back against the strings a little. A little brat to the NWO puppet master. Seems your only solution now is the Kennedy solution when your masters once again open the ‘Dispensary’ for business as usual.
    Similar to your simple minded proposition, you are a simpleton calling yourself Professor. You dislike democracy. Abysmal try.

  • thesafesurfer

    Eric Posner seems to need the oversight he proposes.

  • Betty Capps

    I’ve got news for the person who is saying this; There is not one word in the Constitution or Bill of Rights that demands that the President be a lawyer, be without temper, ideology, ability or any other accusation noted above. This is also noted the the Congress is at total fault for not backing the president because of these reasons. The Congress is attempting to steer Trump into the area that they want instead of what the PEOPLE voted for. They must remember that they are elected to serve the people and not themselves and their ideologies. I have one more point. Trump is not a liar, a sexist, a racist or any other accusations made about him by the LEFT.

  • michael nelson

    you are unfit to judge as it is obvious by your name calling and whining, and you have been rendered incapable of see things clearly as you observe through pure hate. you are, in fact, a perfect example of someone whose judgement and opinions are blinded by hate. political opinion rules your life and I bet that no one would ever call you a pleasure to be around. good luck and seek mental health counseling immediately, for the protection of those around you and yourself. seek help immediately.

  • michael nelson

    you have drinking the kool-aid of hate from the same pitcher as miles. trump did not win the election, face it. he lost by 3 million totally legal votes. once again, republicans had to stoop to gimmicks such as gerrymandering, (which needs to be changed immediately to a fair to all system) to get trump elected via the electoral college which also needs to be discontinued. the difference between a good Nazi and a bad Nazi is that the good ones are dead. just in case you are one, they were deadly enemies to us, and so is putin.

  • michael nelson

    that was tried in the 1860’s and it did not work out well for the south, whose heroes were really traitors.

  • jim

    Michael Nelson, You must be looking in a mirror and talking to yourself.
    You are doing everything you accuse others of doing.

  • mary ann

    Posner, you need to get another career. Maybe take some time off to read some history books. You are a poor excuse for someone who is supposed to be educated. YOU ARE A IDIOT.

  • maryloujb

    You are truly a hoot! Ever been checked for delusion? You need to be released into the woods for a week to see if you can handle it. Never know you may even learn something. Do it now before it’s too late.

  • floyd44

    I have a better idea. Remove Posner for incompetence and sedition.

  • mjmaf

    Posner is a P-O-S-E-R! Trump has broken no laws – the totally opposite of Obama who committed treason at every turn! Where was this Fake-Professor then? On the side of the L-A-W-L-E-S-S of course!

  • MILES E DRAKE

    Following the Soros-Clinton trolling points to the letter, including “you need mental health treatment”, “blinded by hate” and various ad hominems – in fact everything but “STF up”, MFer” and imputations of moronic degeneracy and consanguinity, although these are probably in some of the other 28, no doubt concocted for $15 an hour.

  • Merribee

    Remember this map? Not much blue there! PRESIDENT TRUMP won and the Electoral College is still the fairest way to have all States represented in the process.
    https://www.realclearpolitics.com/incls/ap_results/2016_general/live_map_president.png?1505594551551
    And I’m not too sure about all those “legal votes” — look at what happened in New Hampshire:
    http://www.gopusa.com/?p=30099?omhide=true

  • John Rowe

    This guy needs to be put out of his misary.

  • John Rowe

    Yeah but now all the industry that is left is in the south, and plenty of northern people will join them. And if you actually knew history you would know it wasn’t over slavery,like it’s portrayed. Also people fighting for their homes and loved ones are never traitors.

  • John Rowe

    The problem is these people aren’t educated but indoctrinated.

  • Teresa Barrett

    This is a terrifying if these Congressmen try and subvert the will of the American PEOPLE! This is wrong on so many levels, I hardly know where to begin! This could be the tipping point that starts a Civil War!

  • Teresa Barrett

    Absolutely correct! Let the inmates take over the asylum! Fortunately we have watched these leftists long enough to know how they operate. These Saul Alinsky followers, need to be put in their places like the rabid dogs they are. These are all acts of sedition, and attempts to overthrow the rightful, duly elected President!

  • Teresa Barrett

    It has already been proven there were at least 3.5 to 4 million ILLEGAL VOTES cast. Either by dead voter’s never removed from registration roles, illegal aliens who were ineligible to vote, ballot box stuffing, etc. You can deny this all you want but it is a fact! For the sake of argument, let’s pretend Hillary did win the popular vote. IT DOES NOT MATTER! The electoral college ultimately decides who becomes President. Gerrymandering is not effective in a Presidential election, because each state selects delegates in different manners. The election has been over for almost a year! Quit being a delusional crybaby, except the facts, help to solve our country’s problems, or sit down and shut the fuck up!

  • samo war

    tramp work for world mafia ???????????????
    https://www.youtube.com/watch?v=uZEqR63k0kU

  • Peter

    Michael Nelson. Seriously, you are telling me that the way for Hillary to win an election is to lose it. That Hillary could have succeeded if she had set out to lose. There’s an old saying: If you don’t use it, you’ll lose it. But Hillary doesn’t have one to use. Maybe that’s why she lost it.
    The underdog status is an unfair advantage that helped Trump succeed.
    There are maiden names left on the electoral rolls of married women now living under married names elsewhere. It is the mothers of those women who see them and question the roll.
    Washington DC residents are effectively allowed no vote.
    What is fair about 51% majority vote government getting 100% of the say and of a presidential term?
    I could go on and on, but the fact is politics in a democracy has to be the art of the possible. You can’t please all of the people all of the time. Michael Nelson, you are one of those malcontent people. My recommendation for you is: Go home and spit your dummy.

  • Peter

    John Rowe. You are exactly right. Universities are institutes or repositories of secretive indoctrination, in this case an asinine repository, because the law is an ass and the university where Posner indoctrinates law – his stable.

  • samo war

    schoollss are lucifer project ??
    https://www.youtube.com/watch?v=0nc98hzR-tk

  • TED

    Good idea!

    Plus … the clown-in-chief was elected by a minority of voters … many who have also turned against him since election day … so … why should the rest of us have to suffer the tyranny of the minority and put up with the innate incompetence this past election has produced?

  • TED

    Man, you’re one sick puppy!

  • TED

    You sound like Eva Braun must have sounded in her private moments with der fuhrer.

  • MILES E DRAKE

    Another anonymous post, so either a troll or a bot. It’s always the same with this $15 an hour Soros-Clinton repartee – first mental illness, then hate, then the F-bombs start. Better a sick puppy than a lap dog of the globalists and the Obammunists.

  • Reach Reachport

    You are comparing the election of Trump with the rule by Hitler.
    You are beside yourself with exaggeration and delusion. Your fantasy was born out of lurid fabrications by the MSM. Turn off the TV and try to recapture the reality you have lost.

  • Reach Reachport

    Traitors ? You are showing bias by saying that. There are equal numbers who see it entirely opposite of your opinion.

  • Teresa Barrett

    And you sound like a high school drop out. Getting all your information watching CNN? Tell me, are your fingers Cheeto stained?

  • Teresa Barrett

    I strikes me as hilarious when trolls show up on obvious conservative sites. Either their life is so void of human contact they will post anywhere to get attention. Or even funnier, they actually believe their delusional thinking and believe maybe they will change someone’s mind. In either case, it’s just pathetic

  • Bob G.

    so should Muzzie Obongo have been removed because he hates America and unlawfully acted against the Constitution regularly? Should Smucky Schumer, Maxine Crazy and Piglosi be removed from Congress because they are all bat shit crazy????

  • Bob G.

    I noticed that Killery was in Costco yesterday and President Trump was in the White House. Allot of Lib butt hurtin’ still going on….the ugly dyke witch’s next stop should be prison…..

  • AR15Fan

    The only help he needs is some range time with an AR15

  • AR15Fan

    His name calling is no worse than what we hear constantly from the left.

  • Fantastic Ms. Barrett.Let’s not consult this fake on what is the correct ideology– how about Streisand, et al–all the people who don’t know s__t about anything–including thjis winner, Tsd.

  • Dennis Schaaf

    I’ve got two words for this supercilious prick:Jimmy Carter.

  • SFENGR

    Poster is another liberal smurf that obviously has not studied socialist history. Socialism will not allow for free thought. Read the history books about countries that embraced it in WW II……