“Disability”: A Second Look at the 25th Amendment

©2010 drkate

The recent series of  “Insider Reports” discussing the disarray at the White House and Obama’s  mental state in part led Lyndon LaRouche to start pointing to the 25th Amendment as a way to remove Obama, based on his ‘mental disability’.

Initially intrigued by this idea, it suddenly became clear that this is another diversion from Obama’s lack of eligibility–which is his true disability under the 25th Amendment. It would be far easier to invoke the 25th Amendment to remove Obama based on his eligibility disability than to prove his mental disability. Therefore it is worth a review again of the text and applications of the 25th Amendment to be clear on the definition of ‘disability’ as a tool to advance this Constitutional method of removing Obama.

The 25th Amendment

The Twenty-fifth Amendment was an effort to resolve some of the continuing issues revolving about the office of the President; that is, what happens upon the death, removal, or resignation of the President and what is the course to follow if for some reason the President becomes disabled to such a degree that he cannot fulfill his responsibilities?

According to this article, the Constitution prescribes that when the chief executive was

unable to “discharge the Powers and Duties” of the presidency, those duties were to fall to the Vice President “until the Disability be removed or a President shall be elected”. The Founders did not explain what they meant by “inability” or “disability.” Nor was any procedure created to determine when a president was disabled.

Several Presidents were physically disabled prior to this amendment…Woodrow Wilson suffered a stroke and was disabled during the last year of his administration.  The 25th Amendment was proposed and ratified after the assassination of John F. Kennedy

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 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.

The invocation of the 25th Amendment is by  (a) the President by written declaration, or (b) the Vice President and principal members of the Cabinet.  Note that the disabled President can come back through written declaration, or ‘until the disability is removed’, and that there is no role for Congress.  An effort to involve Congress in this declaration of disability was proposed in 1920 after Wilson’s stroke.

Scenarios

It is unlikely that Barack Obama will turn himself in, and declare himself unable to discharge the powers and duties of his office, unless his handlers forced him to.  Under this scenario, Obama would likely resign under the guise of illness.

This leaves Section 4–Biden and the Cabinet must transmit their declaration to the President Pro-Tempore of the Senate.  Would this declaration be transmitted most effectively under the claim of mental incompetence, or by a claim of constitutionally disabled under Article II?

As much as mental incompetence is evident, Obama would have too much protection as the left will circle the wagons and claim it is racism or right wing politics.  Its easier to say its crazy than to understand that Obama and company are deliberately attacking the United States.

Worse, by claiming mental incompetence, it obscures Obama’s fundamental ineligibility for the Presidency, and the crime of occupying the White House.  Confusing the issue, it is the use of humiliation to attack rather than the law to rectify.

The Preferred Alternative :smile:



66 Responses to ““Disability”: A Second Look at the 25th Amendment”


  1. 1 Jan October 30, 2010 at 2:49 am

    I read the LaRouche statement on their web site and immediately wrote to them. They called me and I told them I think this would be devastating because it would not accomplish anything. We need him charged and in court and then in prison, we don’t need him pleading not guilty by reason of insanity and then coming back when he gets well. I told them they needed to chart a different course. After a few back and forths, the caller agreed with me, but I have noticed they are still calling for the 25th Amendment.
    The only way we can undo everything he has done, is for him to be found guilty.

    I think they know the lawsuit has gone to the Supreme Court and they are getting him out of the country.

    Maybe he bought the Taj Mahal with the $5 mil he stole from the Stimulus or TARP along with what Soros will give him for leaving the country.

    Where is Hilary going? I have not heard.

    • 2 tfb October 30, 2010 at 4:27 am

      Yah, it’s like he’s taken such a huge entourage, 832 rooms reserved, he could run government from afar. He’s going back home to Indonesia, I hope he stays there!

    • 3 Katie October 30, 2010 at 12:17 pm

      I believe Hillary is in the south Pacific region for a few weeks.

    • 5 Paula October 31, 2010 at 4:33 pm

      Absolutely, Jan, I agree. There is enough evidence against this man to bring him to trial; if found guilty, he should be convicted and due justice given him just like any other person. Unfortunately, criminality in our government appears to run rampant and they all protect one another, it would seem. We must not let off the pressure to force this man to prove his eligibility to the American people and the rest of Congress that have proved traitorous, as well.

      • 6 Papoose October 31, 2010 at 5:00 pm

        Segregated Justice under barky and eric holdup.

        deliberate, unlawful staging, coordinating, manipulating, orders to evade constitutional and moral duties …

        intentional crime against equal protection under the law. subterfuge

  2. 7 rhcrest October 30, 2010 at 7:49 am

    Steve Cooper, The Conservative Monster, says that Lyndon Larouche is an agent of the enemy. He was at Dr Manning’s trial and one of hi reps came up to him and openly admitted that they talk to Putin! Email him yourself and talk to him about Larouche. His website is theconservativemonster.com. I used to follow Larouche but i trust Steve and no longer listen to Larouche. Dr. Kate you are correct. Saying Obama is mentally unstable only serves to distract and accomplishes nothing.

    • 8 jtx October 30, 2010 at 10:54 am

      Moreover if SCOTUS hears the Kerchner et al case on merit and rightfully finds Obama to be not eligible, it would be beholden of Congress to remove the guy under the applicable Constitutional provisions.

      It would then be clear that the guy is a complete fraud and flim-flam man and that, along with many of his supporters, he should be brought up on criminal charges for a variety of the crimes committed … the greatest con in American (if not world) history.

      It would also be nice tto have a ruling from the court as to the meaning of “natural born Citizen” so that future Obamas can be shut down much earlier before doing such great damage to our country as the present one has done.

    • 10 Paula October 30, 2010 at 1:12 pm

      I was wondering about this Mr. LaRouche and whether he is credible or not. Thanks.

  3. 11 no-nonsense-nancy October 30, 2010 at 8:15 am

    A very good post, Dr. Kate. I have said all along we should have gotten him arrested before this election. It may be a lot harder now since he is leaving the country. It’s hard to tell what they are up to but one thing we do know is, it isn’t good for America. They have something up their sleeve. We can’t afford to allow him to go on the lam. He should be stopped before he has a chance to go up in that plane. Like I said in the previous thread, those militaary who are supposedly accompianing him on the trip should arrest him instead.

    STOP THEM COLD!!
    ARREST THE CRIMINALS!!

    • 12 heather October 30, 2010 at 8:28 pm

      I find his trip extremely strange—at first Michelle wasn’t going now all of a sudden she and the girls are going–and why take both helicopters, 30 drug sniffing dogs, 40 military planes and well over 500 other criminals….are they leaving for good???

  4. 16 tiger 7 October 30, 2010 at 10:23 am

    The disability thing is a smoke screen or diversion—the bho ego would not let this happen. I think bho is much more liable to be disposed of by his handlers than anything else. Maybe that is the reason for the wholesale trip to Asia—more immediate protection.

    I would certainly like to hear more from “the insider”about this whole mess. I feel things are going to move fast and get very, very nasty in the near future—can hardly wait!!!

    • 17 Katie October 30, 2010 at 12:19 pm

      Anyone heard where Biden will be on Nov. 5th?

      Pelosi has been as smug as usual…am I the only one who thinks we might be seeing Madame President Pelosi in the next few weeks?

      • 18 heather October 30, 2010 at 8:31 pm

        Maybe, could be, but Biden would take over first. I do have a feeling that somehow he may not come back??? Just don’t know–this trip is too quiet.

  5. 19 Ginger October 30, 2010 at 11:01 am

    What if this is all true and Barry is skipping town! Has any one heard anything about where little Timmy is? What if the Tresary Department has been busy printing out a awful lot of 100 dollar bills? What if they are leaving for good and plan on using our money to flood us and the world to bring it down that way! Can it happen?

  6. 20 Army D.A.V. October 30, 2010 at 11:57 am

    OT

    The Tea Party Express IV: Liberty at the Ballot Box! Tour

    Wheeling, WV
    Date/Time:

    Saturday, October 30th @ 3:30 pm

    Rally Location:
    Wheeling Heritage Port
    1201 Water Street
    Wheeling, WV 26003

    Live Feed at 3:30 EST.

    http://www.teapartyexpress.org/stream/

  7. 21 Paula October 30, 2010 at 1:10 pm

    Absolutely, drkate; the 25th is for a legally sitting president. We must never let up in our quest for true justice and bring the criminals to full conviction. Good Job!

  8. 22 kiltie October 30, 2010 at 2:19 pm

    Some were floating the theory on Citizen Wells that since most of THEM (the political cadre) will be out of the country next week, they are forewarned that something is coming down the pike of which we are unaware, and are getting out of Dodge before whatever is in the works happens. May just be worries about backlash from the mid term elections, because if fraud gets some elected that presently have no chance, I can see potential problems. I am seeing a lot of questions on several blogs as to where various political leaders are located at the moment, which makes me think others are of this mindset.

  9. 24 Jan October 30, 2010 at 4:37 pm

    So, is obat going to Indonesia to tell them how to turn it in to a communist country, or to learn lessons from them?
    There are few Independent Republics left for Soros to take over.

    INDONESIA

    Government
    Type: Independent republic.
    Independence: August 17, 1945 proclaimed.
    Constitution: 1945. Embodies five principles of the state philosophy, called Pancasila, namely monotheism, humanitarianism, national unity, representative democracy by consensus, AND SOCIAL JUSTICE.
    Branches: Executive–president (head of government and chief of state) elected by direct popular vote. Legislative–The People’s Consultative Assembly (MPR), which includes the 560-member House of Representatives (DPR) and the 132-member Council of Regional Representatives (DPD), both elected to five-year terms. Judicial–Supreme Court is the final court of appeal. Constitutional Court has power of judicial review
    Suffrage: 17 years of age universal, and married persons regardless of age.

    Per capita income (2009 est., PPP): $4,149.
    (WITH OBAT’S $5MIL THAT HE STOLE FROM US HE COULD LIVE LIKE A KING.)

    Constitutional guarantees of religious freedom apply to the six religions recognized by the state, namely Islam (86.1%), Protestantism (5.7%), Catholicism (3%), Hinduism (1.8%), Buddhism (about 1%), and Confucianism (less than 1%). On the resort island of Bali, over 90% of the population practices Hinduism. In some remote areas, animism is still practiced.

    http://www.state.gov/r/pa/ei/bgn/2748.htm

  10. 25 sk1951 October 30, 2010 at 5:38 pm

    The majority of the people believe in the constitution.
    The majority believe that government and the DOJ support constitutional law.
    THEY DO NOT! The reasons will completely ASTOUND YOU!!!!

    If you truly want answers you have to understand the questions?
    1. The United States is an INCORPERATION working under MARITIME LAW!

    Start with this completely misunderstood little known FACT that has been hidden right in front of your face for 140 years and then begin to work your way forward.

    ACT OF 1871. We are in a dictatorship now. The country was founded as a Republic for the people. We have let money and special interest take it away. The constitution is no longer upheld. Understanding the Act of 1871 if a food staple for any true patriot and constitutionalist.
    Act of 1871. Everyone needs this in their arsenal.

    http://www.byronwine.com/files/1871.pdf

    If ‘pro’ is the opposite of ‘con’ , what is the opposite of ‘progress’?

    http://www.dirtyunclesam.com/

    • 26 Army D.A.V. October 30, 2010 at 7:25 pm

      The Law is intact , the Sheriff and his deputies have become corrupt , the criminals are running amuck , the jail is empty .

      This Tuesday November 2nd , the Lone Ranger and Tonto are coming to town and they’re going to round up those rascals and send them a running.

      Your corporation rant means nothing , Civil Rights Act of 1871,?????????????WTH. ” Lucy, you have some splaining to do ” ,

      The Constitution can only be changed by consent of ” We The People ” .

      Majority means nothing under a this Constitutional Republic .

      There’s a new Sheriff coming to town .

      ” We The People “

      • 27 heather October 30, 2010 at 8:36 pm

        ARMY DAV—love the phrase, ‘there’s a new sheriff coming to town, “WE THE PEOPLE”———-totally awesome!

  11. 28 AttilasDaughter October 30, 2010 at 11:34 pm

    Some very important things happened since 08, regardless how this all ends.
    Many US citizens have found their voice and also realized how corrupt this system is.
    Let’s take the birthers, since I have followed this very closely.
    At first the people brought up law suits, then they realized the courts were covering for TPTB.
    Then they screamed for Bill o’ Reilly, Shawn Hannity, Greta and later for Glenn Beck.
    Most have understood that they also cover for them.
    Now they will put all their hopes into November.
    I hope not, but very likely we will be dealing with the same.
    I find that is a very good result regarding people to wake up and realizing how deep the rabbit hole really is.
    it is sad, but good.
    Because in the end we are many and they are few.

    • 29 AttilasDaughter October 30, 2010 at 11:39 pm

      today I read somewhere:

      Dear President Obama…

      When the troops surround Washington, will the guns be pointing inward or outward?

  12. 30 eddie h. October 30, 2010 at 11:39 pm

    i was just reading an article on commieblaster concerning congressman peter king and a list of investigations to take place after the mid- term elections by congress. there was nothing on the list about an investigation of obamas eligibility. we cannot allow the usurpurs ineligibility to be passed over. congress needs to know that we will not stand for the usurpur to be left in office. no way.

  13. 33 Quantum Leap October 31, 2010 at 2:27 am

    Here is one for you drkate.

    http://www.larouchepac.com/node/16253

    BY ANY MEANS NOW…NNN?

    • 34 drkate October 31, 2010 at 11:49 am

      QL, what do you make of the refusal to mention Obama’s ineligibility? Is it to underscore how serious the problem is outside of his ineligibility?

      Sitting in Limbo, yes, waiting for that dice to roll, or that other shoe to drop.

      what a time we live in!

      • 35 Quantum Leap October 31, 2010 at 11:43 pm

        I means we tried that and we are out of time. We can’t wait to find hin ineligible. We’ve been trying and nothing has worked. Wamting to see him pay for his crimes is okay but how likely after 3 years of this issue :?:

        What brings a meltdown? The insanity issue. What can be done quickly and easily? The insanity issue. Lady Liberty cannot wait another day. We need him out now to save the world. The WH goes into full meltdown with the mere mention of his insanity. WHY? Because he doesn’t have CIA backing on it like he does the BC issue. WE are simply out of time and they have no way to circumvent the insanity issue like the BC issue. So he doesn’t pay for nhis crimes but we get to boot him out…

        AND He’s going to India to sell drones and fueling war planes. He’s trying to pit India against Pakistan to do his dirty work and prolly incite world war III. He’s going to do some more things like saying he’s stopping jobs from going to India when in fact business people in USA HAVE ALREADY STOPPED SENDING THEIR CS JOBS TO INDIA. He’s a stupid freak. He and his MUCHelle..frauds to the Max. His real spouse is Reggie Love. He is never away from Reggie and spends every minute of every day with him for the last 3 years or more.
        He’s good at inciting anger and getting people fighting against each other to do his dirty work.

        MUCHelle said America doesn’t deserve “the obamas” and they have better things to do like be King and Queen of the world.

        We are in danger and out of time. I’ll take what we can get to get him out of there.

        If I could only post what I’m seeing on the ground from both parties. But I can’t. It’s not pretty. Insaneobama fractured the Dem party so bad it is appalling. We can never turn back.

        • 36 drkate November 1, 2010 at 12:52 am

          Excellent point, QL. Thank you

        • 37 Paula November 1, 2010 at 6:38 am

          QL,

          What about precedent? If he is taken out in any other way then we the people are allowing that he was legit, are we not? What about all that Obama has done, as far as EO’s and laws and whatnot….we don’t want those to stand. If he is removed by the 25th amendment, will everything he’s signed and everything he has done be null and void?

          I can’t stand the thought of this communist getting away with his crime by pleading insanity. Justice for the people of this country, please.

  14. 38 Quantum Leap October 31, 2010 at 2:30 am

    Oh I forgot to mention it’s a video that needs serious condideration.

  15. 39 Quantum Leap October 31, 2010 at 2:33 am

    I’m with Heather and have been for a week…i.e. His escaping is curious.

    • 40 tfb October 31, 2010 at 4:15 am

      Exile, he’s going in to exile… the Kerchner case, 40 jets! 832 rooms! All the cars…he’s going to take the trappings of the office with him, he isn’t coming back…hopefully!

      • 41 drkate October 31, 2010 at 11:52 am

        I’m with NNN, why is he being permitted to leave? Those soldiers guarding him should arrest him and his whole cabal.

        Why should we let him return? Our soldiers should drop him off in Indonesia and return to the US with AF1, AF2, the 38 other planes, all the cars and personnel, and leave his ass there.

    • 42 heather October 31, 2010 at 9:37 am

      QL–this is bizarre to say the least..his short short excursion of 2 days to India with this entourage and equipment and dogs??

      It seems to me that it’s not what is happening in India but what will happen here inside the US! What false flag will this be? What cities will be affected and what will happen here, on our soil? Think about this, why take all this stuff and people for a couple of days right after the mid-term election if something BIG hasn’t been planned for America??

      Were these “dry runs” on Friday just that—dry runs for those cities to happen while he is gone?

  16. 43 Papoose October 31, 2010 at 8:58 am

    This is absolutely depressing.

    http://bigjournalism.com/pjsalvatore/2010/10/30/anchorage-cbs-affiliate-caught-on-voicemail-conspiring-against-alaskas-gop-senate-candidate/

    America, this is malicious. We are being stomped on.

    Used and Abused by the media every single day, by trusted and influential sources.

    Is there anything we can do?

  17. 44 Army D.A.V. October 31, 2010 at 10:33 am

    What other cases have been put off until after the Indonesian ” Vacation Trip ” ????.

    *************

    Democrat walks out and prevents Vote on Black Panther Case until after the elections ; Damning Report Leaked.

    As the report makes clear, several DoJ career officials exposed a pattern of wrongdoing in the decision making process that reached at least as high as the Attorney General of the United States, Eric Holder.

    http://floydreports.com/democrat-prevents-vote-on-black-panther-case-until-after-midterms-damning-report-leaked/

    Other cases moved post Indonesian trip ….

    LTC Terry Lakin

    Charles Rangel

    Maxine Waters

    Supreme Court cases…????????

  18. 45 Army D.A.V. October 31, 2010 at 10:38 am

    What other cases have been put off until after the Indonesian ” Vacation Trip “.

    Democrat Prevents Vote on Black Panther Case ; Damning Report Leaked.

    As the report makes clear, several DoJ career officials exposed a pattern of wrongdoing in the decision making process that reached at least as high as the Attorney General of the United States, Eric Holder.

    http://floydreports.com/democrat-prevents-vote-on-black-panther-case-until-after-midterms-damning-report-leaked/

    LTC Terry Lakin

    Charles Rangel

    Maxine Waters

    Supreme Court cases…?

  19. 46 tiger 7 October 31, 2010 at 10:45 am

    There are a few people who realize what happened on January,2009, in this country. It was not a threat to the previous form of government, it was the actual overturning of the previous form of government. The job was accomplished after a number of years of effort. Now the task ahead of us is to undo as much of the damage as possible. That will be made infinitely easier if the issue of eligibility is addressed immediately and firmly–ie. by the Supreme Court.

    Much of the damage done by bho can be wiped out when he is declared an imposter–all appointees, all bills signed, all EO’s,and all contributors to the fraud.

    A new sherif and a new beginning !!!

  20. 49 Army D.A.V. October 31, 2010 at 2:11 pm

    Hey , American Sikhs call Fox news and ask for an interview , whoops , never mind , Fox claims he’s a Christian , never was a Muslim .

    American Sikhs say ‘Muslim origin’ Obama skipping Golden Temple visit out of fear……….

    http://in.news.yahoo.com/139/20101028/888/twl-american-sikhs-say-muslim-origin-oba.html

    Breaking , national Tea-sunami alert ……….. start storing up on emergency supplies……

  21. 50 Papoose October 31, 2010 at 3:31 pm

    oh my, not more, again

    http://obamareleaseyourrecords.blogspot.com/

    yo barky, laffin’ at you, Dude.
    just like the capitalists, stewart and colbert and ozzie osbourne and cat yusef and maher and your momma…

  22. 51 Papoose October 31, 2010 at 3:34 pm

    Question for the National and International Unions?

    where would wage and time demands, social justice, inner city remedies and federal entitlements for illegal invaders be without Capitalism?

    where would you be with out your slaves and their incomes?

  23. 52 Papoose October 31, 2010 at 3:47 pm

    Who is Patraeus working for?

    what is his role in this travesty?

  24. 53 Papoose October 31, 2010 at 3:50 pm

    Food Supplies.

    whether you think you need them or not. Stock up.

    what can it hurt?

    OTC medications and hygiene products as well.

    water, lighters, batteries, ear plugs, plastic everything…

  25. 55 Papoose October 31, 2010 at 3:58 pm

    barky’s homecoming:

    busted, usurper. Happy Trails To You! Hope they love you and keep you and your entourage. except for our hardware and worker dogs. pony up, not yours.

    Keep the counterfiet moolah. its your kinda change, we know.

    Laurels and Fiat, galore, purple-lipped, forked-tongue bogus potus.

    bad by. take your time…

  26. 57 eddie h. October 31, 2010 at 4:00 pm

    i believe the republicans are going to ride in on the anti- obama sentiment and then try to avoid the usurpurs in eligibility. they will try to take up every thing but that. we will need to put tremendous pressure on them to force action on the eligibility issue of obama the usurpur fraud. we need to press congress to make that the very first investigation.

    • 58 Papoose October 31, 2010 at 4:22 pm

      Republicans. another farce.

      a burr on your heels.

      they are all in it together.

      Come Wednesday, continue to discern. everyday.

      they are everywhere. parasitic; louse; disease carrying blood sucking lice.

      a sticky web self interest and survival.

      Its the Constitution or else.

      Else is not an option.

  27. 59 Papoose October 31, 2010 at 5:06 pm

    No matter what goes down, if we win, on Tuesday…

    bear in mind, all investigations will lead back to eligibility.

    they cannot say it in the open, they know we will.

    they are working on discovery to lead to it.

    if not, they are complicit and have their own agenda.

    viz., jindal, rubio, schwartzeneggerennedy, and so on.

    those who ignore it having power, have a secret agenda.

    • 62 heather October 31, 2010 at 11:02 pm

      I totally disagree with her on education though—teachers unions are nothing but a money stash for their own pockets. Do away with ALL unions.


  1. 1 | NwoDaily.com Trackback on October 30, 2010 at 7:00 pm
  2. 2 Tweets that mention “Disability”: A Second Look at the 25th Amendment « drkatesview -- Topsy.com Trackback on October 31, 2010 at 9:49 pm
  3. 3 Removing Obama « drkatesview Trackback on November 5, 2010 at 11:55 pm
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