A Serious Constitutional Question

[Plaid Adder]

How crazy does a President of the United States have to be before he can be put on extended medical leave? And what's the procedure?

And then can you also do it to the VP, if he's crazy enough?

C ya,

The Plaid Adder

[darkstar7646]

1. I am wondering when someone is going to do this...

Failing impeachment, I've been wondering about the use of the 25th Amendment.

(I believe that's the one.)

A lesser-known clause of one of the amendments makes it Congress' call (2/3rds of both houses after a doctor's report is given, I believe).

However, of course, this makes Cheney Acting President. That's probably the only reason this hasn't already occurred.

[bdamomma]

4. The Dems should appoint a panel of the top psychologists and

psychiatrists and the author of Bush on the Couch, should give their truthful assessment on Bush and his mental state, that would be interesting, they always talk about the president's physical state but what about his mental state?

[karlrschneider]

2. The unfortunate fact is that nobody knows.

I'm not joking. Not even close.
edit:

See this link

http://caselaw.lp.findlaw.com/data/constitution/amendment25/

[A HERETIC I AM]

7. Isn't the concept discussed in the Federalist papers?

Seems i read about removal for mental incompetance somewhere. I have a copy of the Federalist Papers somewhere. I really should read them!

[karlrschneider]

10. Yes, but only as you say, conceptually.

Fletcher Knebel penned a fairly decent novel about it some 30 years ago, "Night of Camp David".

It was/is a rather eerily prophetic piece.

[HamdenRice]

3. 25th Amendment -- the VP & cabinet are the ones who remove a crazy president

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.

[mod mom]

5. that's reassuring...

:sarcasm:

[Plaid Adder]

6. That's unfortunate.

Who removes a crazy VP?

The Plaid Adder

[A HERETIC I AM]

9. A crazy Speaker?

well...guess we're out of luck for at least 2 years!


Sic em' Nancy

Get em'

Bite em' onna leg, Madam Speaker.

Sic em'

[bdamomma]

8. maybe the Libby trial will change all that for the VP if they prosecute him

for perjury. Just a thought.