PURELY HYPOTHETICICAL - legal question - curious - anyone know?

Question

This is purely hypothetical. (Please do not give political or personal rant!) If the President of the US gets mentally unstable, in the extreme - irrational - to the extent that the President's actions pose an imminent threat to the nation, say, within moments or hours, and if the President refuses to admit that irrationality, then who, if anyone, has the *legal* power to determine that disability (in time to avoid the threat) and who, if anyone, has the *legal* power to take *legal* action, if any (in time to avoid the threat), and what *legal* action may they take (in time to avoid the threat)? (My question is inspired by the TV series 24/7, in case you've seen it...)

Answer 1

The most immediate action would be a majority of the cabinet and the Vp send a letter to the sargeant at arms of congress, which is given to the speaker of the house. At the moment the speaker reads the letter, the president is removed from the chain of command until he can prove his competency to remain as president. The VP become president and serves without a VP. It is in the constitution, and was almost invoked when Ronnie was shot. Below is the amendment.

Amendment XXV
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.

Answer 2

According to the 25th Amendment, the Vice President and a majority of the Cabinet must 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. At that point, the Vice President assumes the authority of the President.

Answer 3

The President's Cabinet along with the Vice President have the legal power to take action in such an event. If they are in agreement, they can claim him medically/mentally unfit and the VP would step up until such time as the President is cleared as be fit.

Answer 4

Very interesting question. And I've only seen snippets of 24. But it looked good at the time.

I would guess that someone close to the president, perhaps his wife(?) would notice the unstable mental condition and request a doctor's opinion first? And from there...not sure who would have the right ot have him removed....maybe the vice-president? Speaker of the house next?

Answer 5

The presidents cabinet can declare him incapacitated and the vice president would become acting president until the president can serve again or until formally removed via impeachment or resignation.

Answer 6

I agree. What a beady-eyed weasel!

Answer 7

Well, Jack Bauer has that authority of course!!