An interesting occurrence took place this week with both the President and Vice-President of the United States absent from American soil for a brief period of time. On March 19, President Obama was aboard Air Force One over the Atlantic Ocean on his way to Israel for a trip to the Middle East while Vice-President Biden was returning from Rome where he had attended the inaugural Mass of the new Pope, Pope Francis, at the Vatican.

This left, for approximately 15 to 20 minutes, Speaker of the House John Boehner, not a member of the President and Vice-President’s political party, the top governmental official on American soil.

Speaker Boehner’s place as the number 3 man in American government is the result of current law. The Presidential Succession Act of 1947 establishes the line of succession to the powers and duties of the office of President of the United States in the event that neither a President nor Vice-President is able to “discharge the powers and duties of the office.” The Act places the Speaker of the House as the first successor. The Act reads, in part:

…[i]f, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the Speaker of the House of Representatives shall…act as President…

Now pair this rare event with the release of a new movie this past week, Olympus Has Fallen, about an attack on the White House that results in the President of the United States being taken hostage by terrorists, and some might be wondering: “who is in charge if the President is out of communication or incapacitated?”
Now, I haven’t seen the new movie but I can guess, much like the late-1990’s tour de force Air Force One starring American treasure Harrison Ford, there is a scene where the nation’s national security team debates who is in charge with the President in a position where he is incapable of giving directives to his government and military.

The Constitution of the United States offers some guidance. Section 4 of the Twenty-Fifth Amendment to the United States Constitution states:

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.

So before anyone starts to wonder why Speaker Boehner didn’t take his 15-20 minute window to repeal Obamacare or implement his solutions to the debt-crisis, the fact is that to have actually been cloaked with any of the powers of the Office of President of the United States, there would have to have been an invocation, twice, of Section 4 of the Twenty-Fifth Amendment.

If you are considering adoption as a means to create or add to your family, you may be aware that the United States Internal Revenue Code allows for an Adoption Tax Credit of up to $12,170.00+ for “qualified adoption expenses” paid or incurred by adoptive parent taxpayers. Please keep in mind that the Code allows for a tax credit (a dollar for dollar reduction of federal tax) and this is not a mere deduction against taxable income. This is by far the largest tax credit available to individual taxpayers. The Credit was made refundable by law for 2010 and 2011, but is not refundable in 2012- meaning only families with federal income tax liability will benefit from this Credit in 2012. Also of significance is that the Adoption Tax Credit is available per child. The Adoption Tax Credit not only encourages parents to adopt children in need, but it makes adoption affordable for many that would otherwise be unable to complete their families. (more…)

Tags: adoption, adoption tax credit

Before purchasing a cell phone for an adolescent, parents should consider some potential consequences for both their child and themselves if the cell phone is not used responsibly. The consequences of the behavior below may outweigh the benefit of being able to pull up the internet to resolve a friendly debate. (more…)

Tags: Article 263, cell phone ticket, sexting

or at least that is how a great many people who live with pets feel – they are a part of their family.

Unfortunately, the laws of this and other nations have not always reflected this same belief and have failed to protect animals. Although the first laws passed in English-speaking nations to prevent animal cruelty were enacted in Ireland in 1635, and were followed in North America, in the Massachusetts Bay Colony, in 1654, and in England in 1654, they were based on the view of animals as property only and essentially protected the animals’ “owners” more than the animals themselves. (more…)

Tags: animal cruelty, animal rights, pet laws

The Medicare Secondary Payer Statute requires that no payments for treatment or services for a beneficiary be made by Medicare when payment has been made, or can reasonably be expected to be made under a workmen’s compensation law or plan of the United States or a State or under an automobile or liability insurance policy or plan (including a self-insured plan) or under no fault insurance.

Notwithstanding the terms of the secondary payer statute, Medicare may make conditional payments, which payments must be reimbursed to Medicare if it is demonstrated that such primary plan has or had a responsibility to make payment with respect to such item or service. (more…)

Tags: fixed percentage option, medicare, medicare secondary payer statute, msprc