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  4. Wednesday, 22 May 2019
For the curious, the 25th Amendment provides:

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 2
Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

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.

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.


Baker could have used Section 4, paragraph 2, to claim he was not subject to an inability -- probably true -- and if they wanted to remove him they had to go the impeachment route. He committed, it appears, a stack of crimes, but those are not an inability to act. However, he may have been advised sotto voce that if he will go quietly he will be allowed to take political asylum in some foreign country.
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Admin Edit: while the show has gone a bit political, our site has not. Real life politics should be discussed on news sites or the like. If there is a comment in regards to politics that happen in the fictional world of Earth 38, that’s ok.
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Now that the aftermath of Lex Luthor's plan has included the removal of his puppet, Phil Baker, from the Oval Office, the nation will need a new President beyond what's provided in the 25th Amendment. In the real world, the next U.S. Presidential elections won't be until November of next year; but as this is a fantasy TV show, and TPTB have repeatedly demonstrated no hesitation to go outside the realm of reality if it suits their story lines, maybe Earth-38 could be holding elections for a new President this coming fall. And if that is the case, then I have just four words to say about that: Cat Grant for President!

We found out at the end of Episode 2.22, "Nevertheless, She Persisted", that Cat had figured out that Kara is secretly Supergirl, but Cat has been glaringly absent from the Supergirl saga ever since then and, except for a couple of very brief TV appearances in Season Three as President Marsdin's Press Secretary, her character has otherwise been totally ignored. This would be a great way to get her back into the story-lines again in Season Five, especially as it is a role where she wouldn't have to appear any more often than just once in a while in order to make her presence felt.

Anyway, as they used to say back when I was younger: "The Suggestion Box is open". Anyone else want to jump in here?
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True. Without Lex, Baker knew he was cooked. Better to go quietly; carrying on would only make it worse for himself.
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