COMMONWEALTH PARTY
OF AMERICA


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ACTING VICE PRESIDENT




















Why Do We Need An Acting Vice President?


Presidential succession and disability events of the past illustrated the need for better formalization of the vice president's ascension so there was the introduction of the XX and XXV Amendments. Article II, Section 1 provides for who will be president whenever both a president and vice president are absent, in part dependent upon return from disability of the vice president. However, even as the vice presidency in the modern era has increased its role and importance, there is no designated role for someone to take the powers and duties of vice president for the various interim durations that arise in a vice president's absence or transfer to the presidency. We propose such a protocol here.


There may be a simple case where a vice president acts as president for several hours or for a day on behalf of a president getting a routine medical procedure. This protocol will perhaps save such vice presidents from the inconvenience of returning back to their office with a day's worth of catch-up paperwork. Then again, it could be a situation where a vice president is suddenly thrust permanently into the presidency under catastrophic circumstances and must concentrate all focus on duties of the chief executive. It would be best to have someone pre-selected to fulfill the vice presidential duties in the interim before a new vice president is confirmed as confirmation could be significantly delayed under such a scenario.


The unsavory, topsy-turvy political intrigues of today with corrupt agencies and officials carrying out activities such as illegal wiretappings, trafficking illegal aliens in the night, the partisan treatment of BLaM-tifa rioters vs. Jan. 6 protestors and anti-CRT parents plus talk of civil conflict, etc. shows that the system is increasingly untrustworthy. Our government is becoming more unstable and banana-republic like so even in what may have used to be regarded as normalcy, civic process may be spited, interrupted, weaponized or caught up in obstruction of justice. So at such a time as this, an incarnation of Congress may refuse to confirm anyone a president nominates for vice president whether for protectionist or petty reasons. This is akin to how the courts may neglect to hear certain cases or the House decides to impeach on a dime with impunity. There should be some way to fill a slot for vice president in the interim periods in order to keep the office functioning and to remove stressors upon times of transition and on behalf of the people who fulfill and work about such positions.


We also herein include how to handle a situation where a president, vice president or some other official disappears whether under duress or perhaps they have a mid-life crisis and decide to runaway with their new lover or someone has simply had enough and impulsively leaves or maybe even goes on strike -- leaving office in order to hold things up. Such occurrences may not be common but it's best to have a plan in place in case it occurs one day as voluntary fleeing incidents have happened in some state/local offices. In all these scenarios mentioned, the officeholder is gone without notice. We address these situations in this treatise because the constitution apparently addresses only when the president is removed legally, dies, resigns officially or succumbs to inability. Plus quite frankly, our government has been infiltrated with corruption and we should prepare for every contingency as we cannot trust some of the players behind the scenes who may resort to shall we say -- "involuntary detainments".


Let us also encourage the political parties and states to look into holding presidential elections in such manner as to make the presidential and vice presidential offices chosen by separate elections, amending the constitution so that there are two sets of electors for each state as determined by their presidential and vice presidential races within.


It may be beneficial to codify the core tasks to be delegated to the modern vice presidency while allowing leeway in some areas to be dependent upon the particular vice president and administration.






Protocol for Acting Vice President


Here are the acting vice president protocols which were derived to be congruent to the aforementioned sections of the constitution in the starting paragraph. It would be prudent to check all possible combinations and permutations of presidents, acting presidents, vice presidents and acting vice presidents coming and going in various succession scenarios with a computer program to test this protocol. It would seem that this structure gets us quite close if not there totally, but we'll see.




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Ideally by the time one is sworn in as vice president or otherwise later in their term(s), they have submitted a list of names no greater than five in order of preference where once those who are confirmed by Congress through a majority of both houses will stand by according to the preference and their own availability to be the acting vice president whenever there is such need and vacancy due to their referring vice president becoming disabled, acting president or president or upon the removal of that vice president from office, death or resignation. Such list shall not activate before the referring vice president has been sworn in as such and the list remains active until someone else is vice president without acting as president and without disability or until reaching a time fixed for the beginning of a vice presidential term not awarded to the list's referring vice president.


Whenever the need for one to fulfill the office of acting vice president and there is no determined, available, able, eligible nor confirmed person in waiting to be acting vice president due to such conditions or some other contingency; Congress may by law provide for such case, declaring who shall then be acting vice president or the manner in which one to be acting vice president shall be selected.


The acting vice president shall carry out the powers and duties reserved only to the vice president. As acting vice president they will not be in the line of succession to the presidency nor be a substitute for the chief executive, neither shall they act as president on behalf of the vice president called to do the same.









For acting vice presidents derived from in-waiting lists and not decreed by Congress, they shall carry out the powers and duties of vice president until one of the following conditions eventually occurs:

They arrive at a time fixed for the beginning of a vice presidential term which is not awarded to their referring vice president

A vice president returns/rebounds from disability without acting as president

A vice president returns/rebounds from acting as president without disability

Someone other than the acting vice president becomes vice president without acting as president and without disability



For acting vice presidents decreed by Congress, it is allowable and thus possible that they carry out the powers and duties of vice president beyond a time fixed for the beginning of the next vice presidential term. They shall also carry out the powers and duties of vice president until one of the last three conditions occurs as listed in the preceding clause concerning termination of duties for acting vice presidents not decreed by Congress.









An acting vice president must meet the eligibility requirements of a vice president. Note this does not pertain to the state inhabited by the potential acting vice president when relevant and with regard to a president's, vice president's or acting president's states that were inhabited by them. This is because the proper interpretation of the first clause of the XII Amendment pertains to the electors of any state that is common by inhabitance to any pairing of vice presidential and presidential candidates. Such electors can only vote for half of such a pair as opposed to banning such commonality of states by inhabitance altogether.


Despite having been decreed or confirmed by Congress to be acting vice president, they must be confirmed by Congress again in order to become vice president vis a vis Amendment XXV, Section 2.










For the purpose of applying term limits, we remember that those who serve as vice president shall do so no more than either:


(One full or a decreed-full term which is greater than two and less than four years duration within a term)

< < or > >

(Two partial terms at two years or less duration each within a term)



In applying such limits when one serves as acting vice president:

Sequential period(s) as acting vice president are added together with just one period of being vice president capping only at the end -- if any. Such durations are treated as a continuous duration as vice president for the purposes of term limits.



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Disappearances


In the case of the disappearance of the president having reached a certain period and meeting protocol for which the Congress may provide by law, the vice president shall become president after having reached a threshold as acting president determined by Congress. Congress may also provide by law the manner or conditions under which to reinstate a president who reappears without fault or suspected duress before the vice president becomes president. The extension of term limits regarding another term as compensation for time lost in office may also be considered.



Congress may also provide by law for the disappearance of the vice president or in the case of both the president and vice president or any other high officials.











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SOURCES:





Vice Presidency


'The Constitution gives the vice president the tie-breaking power in the U.S. Senate and a role as the chief presiding officer there, so the first American vice presidents spent most of their time there.'

'Over recent decades, presidents themselves have chosen to broaden the job, starting with Jimmy Carter.'

'The expanded role of the federal government makes having a capable successor more important than it was at the country’s dawn, Goldstein said. And modern threats mean it’s crucial to always have someone ready to step in during a crisis, he said.' ~ By U.S. Embassy Tbilisi | 6 October, 2020

https://ge.usembassy.gov/what-do-u-s-vice-presidents-do




'Before the enactment of the 12th Amendment in 1804, there were no separately nominated candidates for vice president. Instead, as required by Article II, Section 1, the presidential candidate receiving the second-highest number of electoral votes was awarded the vice presidency. In essence, the vice presidency was treated as a consolation prize.'

'Despite the vice president's constitutionally assigned status in the Senate, the office is generally considered to be a part of the Executive Branch, rather than the Legislative Branch of the government.'

'For example, the vice president might be called on by the president to draft legislation favored by the administration and "talk it up " in an effort to gain the support of members of Congress. The vice president might then be asked to help shepherd the bill through the legislative process.'

'The vice president typically attends all Presidential Cabinet meetings and may be called on to act as an adviser to the president on a wide variety of issues.' ~ By Robert Longley | Updated on December 10, 2020

https://www.thoughtco.com/vice-president-duties-and-details-3322133




'Prior to the adoption of the Twenty-Fifth Amendment, one Vice President resigned, seven died in office, and eight took over for Presidents who died in office: all in all, the vice presidency was unoccupied more than 20 percent of the time. This was less of a problem when the office was held in low regard, which it mostly was until the mid-twentieth century. But as the vice presidency began to grow into its modern form—a sort of deputy presidency—it became more worrisome for the office to be vacant.'

'The initial deciding group is the Vice President and a majority of either the Cabinet or some other body that Congress may designate (though Congress has never done so). If this group declares a President “unable to discharge the powers and duties of his office,” the Vice President immediately becomes Acting President. If and when the President pronounces himself able, the deciding group has four days to disagree. If it does not, the President retakes his powers. But if it does, the Vice President keeps control while Congress quickly meets and makes a decision. The voting rule in these contested cases favors the President; the Vice President continues acting as President only if two-thirds majorities of both chambers agree that the President is unable to serve.' ~ by Brian C. Kalt, David Pozen

https://constitutioncenter.org/interactive-constitution/interpretation/amendment-xxv/interps/159?ftag=MSF0951a18




'Even in the modern era, when a vice president ascends to the presidency, the office may remain vacant for a month or more as Congress vets and confirms the president's appointed replacement.'

'­With the changes and expansion the office of the U.S. vice president has undergone in the modern era, especially with Al Gore and Dick Cheney at the helm, the scope of the vice presidency has widened dramatically. Unless any of the roles taken on by past vice presidents are codified or become steeped in tradition, though, the vice presidency will remain what it's always been -- what a vice president makes of it.' ~ By: Josh Clark

https://people.howstuffworks.com/vice-president7.htm




'One possible reform is to adopt the practice in many states and “unbundle” the election of our two top executive branch officials. That is, just as in many states candidates for governor and lieutenant governor run entirely separate campaigns, meaning that sometimes the governor is from one party and the lieutenant governor from another, one could imagine separate elections for the president and vice president...... candidates who win the presidential nomination today basically exercise unlimited discretion in choosing their running mates. This was not the case before the 20th century, when political conventions often exercised real choice in picking both candidates.'

'Twelfth Amendment, though probably unknown to most Americans, has not only a fascinating history but, much more importantly, has the capacity to play a key role should we ever become a multi-party system (as was the case in 1948 and 1968) in which enough candidates get electoral votes to deprive anyone of a majority and thus force election by the House.' ~ by Sanford Levinson

https://constitutioncenter.org/interactive-constitution/interpretation/amendment-xii/interps/171




'There are many misconceptions about the rules of a president choosing their running mate. There’s no law or regulation against a president and vice president of the United States being from the same state. The reason why some people mistakenly believe such a prohibition exists comes down to a particular aspect of the Electoral College system laid out in Article II of the U.S. Constitution. '

'The 12th Amendment, adopted in 1804 after two chaotic elections, mandated that electors cast separate ballots for president and vice president. However, the rule preventing an elector from voting for two people from his home state remained in effect under the new system.' ~ SARAH PRUITT | UPDATED: AUG 31, 2018

Note the prohibition forbids a state from voting two of its own homeboys for president and vice president, not state-common pairs from being on the "national" ballot. All the other states could still vote for two candidates of that same state -- just not two from their own. 'Themselves' in Amendment XII, Clause 1 refers to the electors in each state.

https://www.history.com/news/can-the-president-and-vice-president-be-from-the-same-state








Illegal Wiretapping / Spygate


'The revelations of whistleblower Edward Snowden showed the NSA had, under the Obama administration, illegally collected phone records from over 120 million Verizon customers. Snowden also revealed the existence of the massive surveillance program known as PRISM, which collected the e-mails, phone calls, text and video chats from Microsoft, Google, Facebook, Yahoo, Apple and other tech giants of both foreigners and Americans.'

'In the aftermath of Snowden’s revelations, the Obama White House crafted an NSA “reform” package, based on recommendations by a panel representing the spy agencies themselves, that further institutionalized the NSA’s illegal domestic spying operations, while putting in place stringent security measures to prevent disclosures of its crimes.' ~ By George Gallanis | 14 January 2017

http://www.defenddemocracy.press/obama-expands-nsa-spying/




'Spygate represents the biggest political scandal in our nation’s history. A sitting administration actively colluded with a political campaign to affect the outcome of a U.S. presidential election. Government agencies were weaponized and a complicit media spread intelligence community leaks as facts.'

'However, a series of investigative articles by PJ Media published during Eric Holder’s tenure as attorney general revealed an unsettling pattern of ideological conformity among new hires at the DOJ: Only lawyers from the progressive left were hired. Not one single moderate or conservative lawyer made the cut. This is significant as the DOJ enjoys significant latitude in determining who will be subject to prosecution.'

'Another example of this behavior can be seen from an instance when Perkins Coie lawyer Michael Sussmann leaked information from Steele and Fusion GPS to Franklin Foer of Slate magazine. This event is described in the House Intelligence Committee’s final report on Russian active measures, in footnote 43 on page 57. Foer then published the article “Was a Trump Server Communicating With Russia?” on Oct. 31, 2016. The article concerns allegations regarding a server in the Trump Tower.'

'After failing to obtain a spy warrant on the Trump campaign using Papadopoulos, the FBI set its sights on campaign volunteer Carter Page. By this time, the counterintelligence investigation was in the process of being established, and we know now that it was formalized with no official intelligence. The FBI needed some sort of legal cover. They needed a retroactive warrant. And they got one on Oct. 21, 2016. The Page FISA warrant would be renewed three times and remain in force until September 2017.' ~ By Jeff Carlson | October 12, 2018 Updated: December 28, 2020

https://www.theepochtimes.com/spygate-the-true-story-of-collusion_2684629.html








Trafficking Illegal Aliens


'Over the last several months, night flights of illegal migrants have been periodically reported in places such as Florida, New York, Pennsylvania and Tennessee. In each instance, state and local officials received no notice they were coming, let alone given an option to refuse them admission. The administration has no apparent concern with how these “air lifts” may burden local officials with additional costs and facilities capacity in areas such as education, housing, healthcare and law enforcement.'

'Videos posted this week reveal more lies by the Administration. They show streams of adult males being released in Brownsville and San Antonio, Texas. This reportedly has been occurring since last spring. Some are known to have criminal records, including drunk driving, assault, and drug possession. Yet Biden officials have stated that only family units and unaccompanied alien children are being release, not single adults.' ~ By Lora Ries and Mark Morgan | January 27, 2022 8:38pm

https://nypost.com/2022/01/27/biden-is-hiding-illegal-immigration-with-secret-flights/








Partisan Treatment for BLaM-tifa


'The left and corporate media have always been supportive when people burn or disrespect the U.S. flag, or when left-wing extremists storm Senate buildings to shut down the democratic process involving appointing conservatives to the U.S. Supreme Court.'

'2020 rioters appeared to engage in far more detailed and comprehensive national coordination, as evidenced by a similar pattern emerging in city after city.'

'Yet little ink has been spent detailing far-left extremists involved in the 2020 riot who unequivocally did far more damage and engaged in far more violence than what happened at the January 6 riot.'

'Finally, as January 6 rioters and even those present that day who only nonviolently entered the U.S. Capitol are hunted down, charged aggressively, and left in jail for months on end, the 2020 rioters have not been similarly hunted down and charged. Even worse, they are being let go with no penalties or mere wrist slaps, after Vice President Kamala Harris and her Hollywood friends raised funds to cover their bail. No judge ordered the 2020 rioters to endlessly rot in jail.'

'As evidenced by a recent survey showing that two-thirds of Americans want the 2020 riots investigated as much as the January 6 riot, a strong majority of Americans know what fairness looks like and firmly believe justice must remain blind.' ~ BY: MATT A. MAYER | JULY 29, 2021

https://thefederalist.com/2021/07/29/report-reveals-shocking-double-standards-for-bringing-u-s-rioters-to-justice/








Courts Neglect Certain Cases


'It speaks to the suspicions long held by many true conservatives that the Rule of Law as detailed in the U.S. Constitution has been (and still is) being deleted as “The” framework of the U.S. legal system. Law enforcement officials have been told from the top down, “we no longer will enforce certain laws.'

'There today are hundreds of affidavits sworn under the threat of perjury presenting specific facts, pictures, and documents that show massive examples of rampant voter fraud in November. Americans have watched in horror in the 60-days since video evidence, audio testimony, and hundreds of news stories have evidenced the fraud. But none of that matters when courts refuse to consider the evidence in court. That’s what the law demands and provides.'

'Many applaud the Zuckerbergs for their magnanimous gifts to those Pennsylvania election offices before the 2020 election. You probably will not be surprised to know that the Zuckerbergs and several dozens of OTHER billionaires decided to start this process in states that need financial assistance in their local election offices, especially in smaller districts around Pennsylvania, Michigan, Wisconsin, and Georgia.'

'We’re not saying that all these Trump Campaign lawsuits that were never allowed to present evidence in these swing states were because of political corruption based on money from political supporters. But it seems odd that in such a critical election in our nation’s history that so many similar variances happened across the country, all for the very first time. And while those were happening, that would surely initiate court actions post-election because the very obvious election irregularities were almost all met with total resistance by the courts in each of these states.'

'No attorneys wanted to represent the President in court. No state judge wanted to be guilty of going against the Cancel Culture “gods” by allowing evidence of election fraud to come into their court’s records because they did NOT want to be disenfranchised from their professional lives. And, sadly, those elitists really do have the power to do just that!' ~ by Dan Newman | January 6, 2021

https://truthnewsnet.org/innumerable-election-fraud-cases-dismissed-for-lack-of-evidence/








Disappearances


'From major conferences at the Moscone Center to small coffee shops in the Mission, San Franciscans are buzzing about Mayor Gavin Newsom and the stunning turn of fortune that in a few short days took him from being a candidate for governor to hiding out in Hawaii.'

'Last Friday, hours after speaking before a bank of television cameras about the oil spill in the bay, Newsom announced he was dropping out of the governor's race and hasn't been seen at City Hall since. Word finally came Tuesday that he was on the Big Island with his wife, newborn daughter and in-laws. He left without telling his staff, who abruptly canceled a raft of major appearances on his behalf.'

'City Hall folks have been buzzing about the missing mayor. "How does it feel to work for Mark Sanford?" one quipped to a member of Newsom's staff in reference to the South Carolina governor who disappeared recently and said he was hiking the Appalachian Trail but had really gone to Argentina to rendezvous with his lover.' ~ Heather Knight | Nov. 6, 2009

https://www.sfgate.com/news/article/Many-are-miffed-by-S-F-mayor-gone-missing-3211436.php




'While a lack of quorum can occur due to unexpected events, such as illness or inclement weather, it can also be used as a political tactic. Several times in recent decades, members of a minority party left the state capitol or the state entirely to prevent the passage of legislation. This is a state legislative walkout. These walkouts can result in legislation dying on the floor or the majority party compromising on the legislation, among other outcomes.'

https://ballotpedia.org/Noteworthy_state_legislative_walkouts













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Commonwealth Party
Acting Vice President
February 2022