
Originally Posted by
doc_bean
Okay, from my debates with Americans on this board and in the past, I would say that there is no unwritten law in the US, if there is a hole in a law, the first court to face it will either pass a verdict that will be a precedent (and have ,almost, the power of law) or refer it to another court (like the Supreme Court).
Historically, there are three reasons why a presidency was ended early.
1) The president dies
This is what happened most, i think about 6 or 7 presidents have died while in office. note that dead doesn't mean 'seriously ill and unable to perform' Cleveland's presidency (IIRC) was ended with his wife effectively taking the post in all but name. I think he had a serious stroke. There might be a law now that says the president needs to be able to perform his duties.
2) the president resigns
Only happened once, Nixon, as he was about to be impeached
3) Impeachment
The real deal, some other posters have explained it. No president has ever been impeached successfully (3 were tried, Nixon resigned, Johson stayed in office because of one vote, Clinton's impeachment was a farce).
The important thing here is that the procedure is carried out by Congress, and not a court. This means that a president can do whatever he wants, as long as he has enough backing in congress. It takes two thirds of the senators to convict to impeach a president (half of the representatives to start the impeachment), the current senate is half republican. There is no way they will impeach Bush unless his popularity really falls.
Which is the real issue I guess, a president only gets impeached if his popularity rating is ridiculously low and/or the other party controls most of the Senate. It's not a legal tool, it's a political one (I doubt this was intended by the framers, but that's how it evolved).
There are other reasons why a president doesn't resign as easily as one might in Europe. I think a US president has significantly more power than any European one. He also less dependent on his party (especially important when the leader is a Prime Minister). Individual politicians are hesitant to speak out against him, the image of the president as a strong leader of the free world is a powerful one (if, in practice, untrue). Partisan politics are less important then in Europe, there is no real opposition like we know it.
And even if the president resigns or is impeached, the vice president takes over. Next in line are two other republicans. The US system doesn't allow for the executive to fall as it can in most European countries.
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