25-47

By Marlene Reiss, Scottsdale North Field Director

In light of the president’s recent display of an utter lack of mental capacity during his now infamous riff at the Pentagon, it seems like a good time to take a look at the Constitution’s 25th Amendment. It’s only existed since 1967. Although Article II of the Constitution provides for succession, it provides no process. Before the 25th Amendment was ratified, the process of succession was accomplished by “agreement,” often kept secret, and determined on a case-by-case basis. The fourth section of the Amendment now provides a process and is more necessary now than ever before in the country’s history:

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.

The first three sections have been invoked several times since ‘67 because of resignation (Nixon) and temporary incapacity (Reagan, Baby Bush, Biden). The fourth section - never.

So, what’s the process? The initial deciding group is the vice-president and a majority of either the Cabinet or some other body that Congress may designate. If this group declares a president “unable to discharge the powers and duties of his office,” the vice-president immediately becomes acting president. If and when the president pronounces himself able, the deciding group has four days to disagree with that pronouncement. If the group does not disagree, the president retakes his powers. But if it does disagree, the vice-president keeps control while Congress quickly meets and makes a decision. Likely? No. Possible? Yes.

The now infamous September 30th Pentagon riff is way more evidence than any rational person would need to involuntarily confine crazy Uncle Don to an institution indefinitely.

These are the ramblings of a madman. Or, at least seriously mentally incapacitated enough to hold the most powerful elected office in the world.

We’re under invasion from within. No different than a foreign enemy. But more difficult in many ways because they don’t wear uniforms. At least when they’re wearing a uniform you can take them out. These people don’t have uniforms. But we are under invasion from within.

We should use some of these dangerous cities as training grounds for our military, National Guard, but military, because we’re going into Chicago very soon. That’s a big city with an incompetent governor, stupid governor, stupid.

Biden let people come in from prisons, mental institutions, drug dealers, murderers. You know, we had 11,488 murders allowed into our country by this guy who had no clue. He had no clue. He shouldn't have been there in the first place, but he had no clue.

I'm very careful. You know, when I walk downstairs for like, I'm on stairs, like these stairs, I'm very -- I walk very slowly. Nobody has to set a record. Just try not to fall because it doesn't work out well. A few of our presidents have fallen and it became a part of their legacy. We don't want that. You walk nice and easy. You don't have to set any record. Be cool. Be cool when you walk down, but don't bop down the stairs. . . .I don't want to do it. I guess I could do it. But, eventually, bad things are going to happen and it only takes once. But he (Obama) did a lousy job as president.

This is the guy who holds the nuclear codes. But how to know if the president is mentally incapacitated and unable to perform the powers and duties of his office when he acts crazy all the time? One would think that the president declaring war on Americans and militarizing the streets of American cities would be a pretty clear hint, but that’s a question left to Vance and Congress under the 25th. But then again, if the Dems can pull off a win in both the House and the Senate in ‘26, impeachment and conviction are all but guaranteed. That would render a neutered Vance and the 25th irrelevant. Let’s hope.