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Who determines Presidential 'incapacitation'.
3/26/2015 | Self

Posted on 03/26/2015 9:38:00 AM PDT by Usagi_yo

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To: Usagi_yo



41 posted on 03/26/2015 10:40:21 AM PDT by MeshugeMikey ("Never, Never, Never, Give Up," Winston Churchill ><>)
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To: Usagi_yo
The 25th amendment provides a pretty clear guideline.

If the President is unable or unwilling to step down in the case of a clear disability, then the vice president and a majority of the cabinet or two-thirds of both houses of congress can force him to do so anyway.

Another reason that Joe Biden was selected as VP.

42 posted on 03/26/2015 10:40:23 AM PDT by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
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To: Bubba_Leroy
The only Constitutional method for the Legislative branch to remove a President is impeachment by the House and conviction by the Senate.

Not only. See my link at Post #42.

This method is actually more difficult, however, since impeachment only requires a majority vote of the house and conviction a two-thirds vote by the senate.

The alternative method requires a two-thirds vote by both houses.

43 posted on 03/26/2015 10:44:06 AM PDT by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
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To: Usagi_yo

Obama was drug-addled and incapable of doing the job he usurped before the election. I assume that preexisting condition immunizes him from charges of incapacity.


44 posted on 03/26/2015 11:04:41 AM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: wolfpat

Oh, I agree. The greater satisfaction would be to see him impeached and imprisoned.


45 posted on 03/26/2015 11:19:35 AM PDT by tbpiper
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To: Usagi_yo

I’ve read that when James Garfield was shot, his wife took over the job of President till his death.
That summer was extremely hot and some inventor developed the first air conditioning system to keep Garfield cool till his death.


46 posted on 03/26/2015 11:24:03 AM PDT by Ruy Dias de Bivar
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To: Vigilanteman
The 25th Amendment requires that the Executive branch (either the President or the VP and a majority of the cabinet) decide that the President is unable to discharge his duties.

The 25th Amendment was used for very brief periods of time by both Reagan and George W. Bush when they were temporarily incapacitated for surgical procedures.

Congress only has the power to step in and decide that a President is incapable of fulfilling his duties under the 25th Amendment if there is a dispute between the President and the VP over whether or not the President is capable of discharging his duties (i.e., the President says that he is capable and the VP and Cabinet say he is not).

Impeachment is the only method for the Legislative branch to remove a President without first being requested to do so by the VP and a majority of the cabinet.

47 posted on 03/26/2015 1:41:15 PM PDT by Bubba_Leroy (The Obamanation Continues)
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To: Bubba_Leroy

. . . which is why impeachment is actually easier than the method described under the 25th amendment.


48 posted on 03/26/2015 3:57:12 PM PDT by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
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To: Usagi_yo

Well, apparently Zero hasn’t done anything serious enough to rise to the level beyond talk. Also, look at how these people park their cars (Eleanor Holmes Norton going viral as I type) and the whole country has lost it’s way when you read some states have banned sharing seeds...unless of course it’s pot, those seeds are fine to share. In short....we’ve BEEN f’ed.


49 posted on 03/26/2015 5:50:43 PM PDT by tpanther ((Science was, is and will forever be a small subset of God's creation.))
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