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What is the constitutional protocol for the removal of an insane President?

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mzmolly Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-12-07 02:28 PM
Original message
What is the constitutional protocol for the removal of an insane President?
I asked this of a friend today, and am wondering what your take is DU?

The man is off his M.F. rocker.

Here is an article from Kos in a similar vein:

http://www.dailykos.com/story/2007/1/4/63350/55210

... I think the only way to deal with somebody who is this embattled and this delusional is to invoke the 25th Amendment....

Perhaps this is why Bush keeps Cheney around? He knows he's the only person in the world we loath more?

More on the 25th ammendment here:

http://en.wikipedia.org/wiki/Twenty-fifth_Amendment_to_the_United_States_Constitution

Key portion:

Section four: Involuntary withdrawal

It is also possible for the Vice President, together with a majority of the heads of the executive departments (that is to say, members of Cabinet) or of such other body as Congress by law provides, to declare the President disabled. The provisions of section four have never been invoked. An "involuntary" withdrawal may be declared for a variety of reasons. The most likely scenario, and the primary purpose of section four, is incapacitation. This results in both the inability of a president to discharge the duties of his office, and his inability to provide a written declaration to that effect. It is possible, however, for such a declaration to be made even if the president is fully able and conscious, should the majority of his officers find grounds other than medical disability, such as insanity, emotional instability, or conflict of interests, affecting national security. In any event, the president would continue to discharge the powers and duties of his office until Congress had reviewed the case and voted to strip the president of his powers, thereby preventing the president's officers from exploiting section four to stage an easy coup. The President may resume his duties by a written declaration sent to the President pro tempore and the Speaker. If the Vice President and Cabinet, however, are still unsatisfied with the President's condition, they may within four days of the President's declaration submit another declaration that the President is incapacitated. Congress must decide within 21 days the issue; a two-thirds vote in each House is required to permit the Vice President to assume the Acting Presidency. For the remainder of his term, the elected president remains the President (and the acting president remains the Vice President) albeit stripped of his powers and duties, and he may compell Congress to review his competence at any point in order to resume his duties.


Sigh
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dflprincess Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-12-07 03:16 PM
Response to Original message
1. I posted this section of the 25th Amendment last night
My speculation is that, if Cheney were forced to resign (even if it means cutting a deal not to prosecute his crimes if he gets out), and then Bush were declared disabled, would the normal succession apply and would Pelosi then take over? If she did, as acting president, would she have the authority to clean up the executive branch?

Has anyone heard if Jonathan Turley (sp) has commented on this?
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mzmolly Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-12-07 03:21 PM
Response to Reply #1
2. I haven't, but he would be one to know.
Thanks for the reply.
:hi:
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