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Legal means of declaring POTUS mentally incompetent?

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CheshireCat Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-06-04 12:59 AM
Original message
Legal means of declaring POTUS mentally incompetent?
Does anyone know if the there is a constitutional way to have a sitting president declared mentally incompetent?

This just came up in conversation. I seem to remember this being discussed with Nixon during Watergate.
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CheshireCat Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-06-04 01:04 AM
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1. anyone?
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havocmom Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-06-04 01:08 AM
Response to Reply #1
3. Been wondering that myself. They make him take a physical every year
but I am much more concerned with the mess between his ears.

Still, removal from office would put Crash Cart in and then he would get to appoint a VP. Gadszooks, can you imagine what sort or creature he would appoint not needing to concern himself with elect-ability?
Gives me a huzz just thinking about it.
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TexasMexican Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-06-04 01:07 AM
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2. Yeah I'm pretty sure there is.
Something to do with having a majority of the Cabinent go along with it.
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shraby Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-06-04 01:12 AM
Response to Reply #2
5. United States Constitution

Article II
Section 1.

Clause 6: In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, (See Note 9) the Same shall devolve on the VicePresident, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

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benburch Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-06-04 01:10 AM
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4. Here you go.
Amendment XXV

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.
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shraby Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-06-04 01:15 AM
Response to Reply #4
6. I doubt very much if anything would
be done though. Look at what happened with Nixon and Reagan. The administration simply hid what was going on from the public and apparently the congress.
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