Posted on 08/12/2019 5:18:38 PM PDT by Oscar in Batangas
25tn Amendment - if the President flunks or refuses, the VP and a majority of the cabinet can declare him unable to discharge his duties.
Of course he can flunk and the VP and a majority of the cabinet can declare him fit to continue in office.
He can also pass and the VP and a majority of the cabinet can declare him unfit to discharge his duties.
I agree - there is no authority...I’m just being nitpicky.
I tend to agree with you, I can’t find a thing either.
I found boatloads of sites claiming the usual hysterical line that boatloads of prominent shrinks think Trump is cray, they even put a book together, which of course went best seller in nanoseconds..
Not one that says a mental assessment for the president is required.
What I did find...
Trump’s doctor gave him the Montreal Cognitive Assessment exam, 30 questions and takes about 10 minutes, as part of his yearly physical in 2018, and says he aced it. Of course the aforementioned gaggle of shrinks will all say that means nothing.
The Air Force also recently implemented a yearly mental assessment for all airmen in conjunction with yearly physicals.
But not a word about it being required for a president. At any time, much less yearly...only if a formal allegation is presented in writing to attempt the removal of the president, under he 25th amendment. At least that’s what I got out of reading it.
I’m not that good with legalese, but here it is:
************************************
AMENDMENT XXV
Passed by Congress July 6, 1965. Ratified February 10, 1967.
Note: Article II, section 1, of the Constitution was affected by the 25th 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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