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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWhat's the procedure for when a President is mentally unstable?
Just for the sake of argument, let's say a President becomes mentally unstable or has a breakdown. What would be the procedure for removing him from office? You think there is one? How mentally unstable does he have to be, I wonder?
I have never heard of any way to remove a President other than impeachment because of high crimes and misdemeanor. So, can a President stay in office, even if he's delusional or unstable, as long as he doesn't commit a crime?
pkdu
(3,977 posts)PoliticAverse
(26,366 posts)This is covered by the 25th amendment...
https://en.wikipedia.org/wiki/Twenty-fifth_Amendment_to_the_United_States_Constitution
Dark n Stormy Knight
(9,760 posts)PoliticAverse
(26,366 posts)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.
Dark n Stormy Knight
(9,760 posts)but I don't see where this addresses the mentally unstable aspect. So, this can be used for any reason whatever, as long as the Veep and the appropriate majority agree?
PoliticAverse
(26,366 posts)they put in the clause for the President to disagree and Congress to ultimately decide highlights the
intention to deal with a President that might just be crazy.
Sgent
(5,857 posts)FYI the Cabinet is the body that decides along with the VP.
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.[3]
k8conant
(3,030 posts)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.
Honeycombe8
(37,648 posts)Just didn't recall anything dealing with that situation.
CK_John
(10,005 posts)Honeycombe8
(37,648 posts)But I didn't read of a procedure for this situation.
Who says he has mental instability? Is a psychiatrist's diagnosis necessary? What is the tool used, since this isn't an impeachment for "high crimes and misdemeanors."
That's really what I was asking.
njhoneybadger
(3,910 posts)People have explained on DU but it's still kind of sketchy, the way the constitution is written.
guillaumeb
(42,641 posts)there will be no actions taken.
It is really that simple. It worked the same way when Reagan was President.
PSPS
(13,600 posts)guillaumeb
(42,641 posts)They are lobbyists fro the 1%.
Honeycombe8
(37,648 posts)The main thing was to keep him there, since he was presumably easy to get to sign things. Iran-Contra and all that.
But Trump, while easy to trick, isn't unable to function. He has a strong, willful personality. Still, he doesn't understand these politicians and might be easy to trick or get to sign things.
OTOH, he is surrounded by a close team of people who haven't lost their marbles. They wouldn't be easy to trick.
guillaumeb
(42,641 posts)And Trump certainly shows no interest in learning about the issues.
Dark n Stormy Knight
(9,760 posts)But proving the president is unstable would be enormously difficult.
If Mr. Trump were suffering from a physical ailment, and the White House physician testified to that fact, the matter would be relatively cut-and-dry. Mental illness, however, is a much more subjective matter.
How do you demonstrate someone is psychologically unsound? Robert Gilbert, a professor at Northeastern University and an authority on the 25th Amendment, told CBS News.
This is a question with no clear answer in the Constitution, and could invite a nightmare scenario of dueling teams of psychiatrists testifying before Congress, and in front of the world, about a presidents fitness to serve.
And don't let anyone make you feel bad that you didn't know the answer:
All excerpts above from: http://www.cbsnews.com/news/an-obscure-way-to-oust-an-american-president/
PoliticAverse
(26,366 posts)Congress just has to vote it.
"many cabinet members were said to be unaware of its contents."
If you are going to be a cabinet member, please read the Constitution at least once.
Dark n Stormy Knight
(9,760 posts)congresscritters to vote to remove the president.
Also, most competent readers do not memorize everything they read. They particularly don't memorize parts of the text they deem most likely irrelevant. Considering the 25th has never been used, seldom even considered, in the 50years since it's addition, it does not seem unreasonable to use memory cells to house items more likely to be useful.
PoliticAverse
(26,366 posts)but I would expect them to remember at least that there's "something in the Constitution that covers this because I read it
once".
Honeycombe8
(37,648 posts)milestogo
(16,829 posts)longship
(40,416 posts)It isn't long and there's a lot of thought and intelligence in it.
For instance, it is not easy to change it, however it provides the methods to do so.
And... there are no do overs for presidential elections.
One of the more recent amendments is #25. That's one we all ought to become familiar with. One only hopes that the White House staff has enough straight jackets for when Drumpf goes further off the deep end.
In short, it's a Chum some of this shit... We're going to need a bigger boat! scenario.
Honeycombe8
(37,648 posts)I'll read (or re-read, as the case may be) the 25th. Consider me bi__h slapped!
Response to Honeycombe8 (Original post)
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BSdetect
(8,998 posts)I think we can assume they will leave him in the WH as long as possible.
Its also their own involvement in the FBI debacle.
Remember Guiliani knew what Comey was planning.
doc03
(35,341 posts)are there to do what is best for the country rather than the party. So it is impossible
the 25th Amendment will be used unless he ends up rolled up in a ball crying under the desk
in the oval office or kills millions of people.