With the Left convinced that President Donald Trump is mentally unstable, actor Michael Ian Black wondered if the president’s cabinet has a legal obligation to intervene. On Twitter, he asked, “Does a cabinet member or senior staffer who believes the president is mentally incapacitated bear any legal responsibility if that person does not come forward with that information?”
Hypothetically speaking, does a Cabinet member or senior staffer who believes the president is mentally incapacitated bear any legal responsibility if that person does not come forward with that information?
— Michael Ian Black (@michaelianblack) January 4, 2018
You civics lesson for today: the 25th Amendment allows the vice president & a majority of the Cabinet to recommend the removal of the POTUS in cases where he is “unable to discharge the powers & duties of his office,” and allows the House and Senate to confirm the recommendation
— Toxic Masculini-G (@TCC_Grouchy) January 5, 2018
Right, so it follows: if they VP and majority of Cabinet believe POTUS is unable... do they bear some legal consequences for NOT acting?
— Michael Ian Black (@michaelianblack) January 5, 2018
OK, I'll spell it out.....There is NO requirement upon them to even report such other than upholding the oaths of their office. So no, no legal consequence is defined in the 25th. However, Congress could take up the oath issue, technically speaking.
— Toxic Masculini-G (@TCC_Grouchy) January 5, 2018
I’m a psychologist and, as a serious response to this idea, proving incapacity in a seemingly high functioning adult is tremendously challenging. I’m skeptical that invoking the 25th amendment would go anywhere.
— DrJP (@DrJPGarrison) January 5, 2018
Our friends at Twitchy captured this exchange. In short, Mr. Black got a quick civic lesson about the 25th Amendment of the Constitution, which contains no clause that would force anyone in the Trump administration to act if they thought the president was unstable, a theory that's only taken seriously on left wing blogs. The president can be relieved if the vice president and the majority of the cabinet conclude he or she can no longer carry out the duties of the office, but that won’t happen because this is a whacko liberal theory. Even a psychologist chimed in and said this 25th Amendment push is a fool’s errand. Trump will remain president. Period. Instead of these acid trips, focus on winning elections, which Democrats have started to do towards the tail end of 2017. This strategy of impeachment, or removal from office based on the unfounded claim of mental instability, because you simply don't like the winner of a presidential election is not the road we should be traveling.
Here’s the text of the amendment:
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.
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