ok, so on the heels of the new york entry, comes a moment of pure law school and political science nerdiness. so my sister tivo’d the first episode of commander in chief, i watched it today to fill the noon-time void on tv, and i’ll never watch it again. now let me tell you why.
in the first 5 minutes, geena davis (VP and president-to-be) is informed that the president just had a stroke and is in the hospital. the president’s chief of staff says “the 25th might kick in” referring to the 25th amendment which lays out the guidelines for when the VP assumes the presidency. no sooner does he say this than the VP gets on the horn with the chairman of the joint chiefs and starts ordering ships around and starts planning a military operation. compelling drama right? well let’s take a moment to review the 25th amendment shall we? in relevant part:
Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
…
Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
Section 4. 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.
to summarize, the VP becomes president in 1 of 3 situations: the president dies or resigns, the president writes a letter removing himself from power, or a majority of the cabinet sign a letter removing the president from power. now back to the show, none of these three situations occurs before the VP starts playing battleship. constitutionally, the chairman of the joint chiefs can’t follow the VP’s orders unless one of those 3 things happens and the VP is sworn in as president. until that time, the dude in the hospital is still the commander in chief. come on, i know it makes good drama, but can we at least make it accurate? is that too much to ask?
this kinda brings me to another point, the governator vetoed the gay marriage bill today saying “its against the will of the people” since the state voted to ban gay marriage a few years back. two things: 1. arnold talks about the “the will of the people” so much, i’m starting to think he’s a communist. someone should look into that. i’ll call up al sharpton, he’s always got time to stir up some trouble; 2. the people are stupid. that’s right, you heard me, the average voter is stupid as all get-out. i took a class on elections and voting behavior and its appalling how uninformed the average voter is. i mean, there are studies that show more people know their cholesterol level than actually know the name of their representative in congress. these are the people whose will arnold wants to follow? if he really wants to follow the will of the people, why is he running for governor again? the guy has an approval rating of 33%. seems to me the will of the people is pretty clear.
anyway, to anyone who actually made it all the way through that, thank you for indulging my super-nerd moment.
