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Originally Posted by Webstral
Assuming that the Joint Chiefs are so loyal to the Constitution that they want to have Munson re-instated after satisfying themselves that his previous inability has resolved itself, then they still face the problem of getting approval from the various parties mentioned. Milgov doesn’t recognize the legitimacy of the Civgov Congress, President, or Cabinet (the last of which would be appointed by someone elected by a legislature whose legal standing is very much in doubt and which is contested by Milgov in any event). We see no mention of Milgov doing much of anything to restore a Congress or civilian executive. So even if the Joint Chiefs are inclined to hand supreme executive power back to Munson because they are loyal to the Constitution, and even if they somehow become satisfied that his mental condition warrants consideration for re-installment, neither Vice President nor Cabinet nor Congress exist in Milgov to provide a legal basis for Munson’s resumption of his duties as President.
Of course, none of the aforementioned obstacles really matter if the Joint Chiefs are determined to restore Munson to his former position. Some sort of legal nicety can be crafted and left to the law students and historians to debate down the road. If Milgov has been harboring Munson, then the only criterion that matters is whether the Joint Chiefs are willing to hand power back to him.
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Section 2 of Amendment XXV specifies that the President (and according to the Presidential Succession Act, the Acting President has all the duties and powers of the office) may nominate a successor to the position of Vice President. Normally this nomination is subject to the approval of a majority of both houses of Congress, but MILGOV does not recognize the CIVGOV Congress, and the precedent already exists for recess appointments so that shouldn't stand in the Chairman's way. As for the Cabinet, well isn't the joint staff already filling that function? More recess appointments.
The Vice Chairman makes a handy Vice President, and the council of chiefs a Cabinet. When and if the JCS find it necessary, organizing their own elections for a rival Congress would also be doable. Since MILGOV voters would be proportionally weighted towards active duty and irregular forces in cantonments, you could see a Congress of officers and NCOs.
I guess the question is, how badly do the JCS feel the need for additional legitimacy, and how far/long does the MIL/CIV split (or civil war) go in your game?