The President’s Disability under the 25th Amendment-Update

(Posted on Texasdarlin Blog August 12, 2009)

©2009 drkate/drkate4justice

Update:  I am reposting this article in response to the following activities of Barack Hussein Obama, which reveal not only what I consider to be profound disloyalty to the United States, but disability by reason of mental defect:

  • Failure to exhibit any empathy at all with soldiers killed in the worst terrorist event since 911 inside the United States;
  • Evidence that the accused killer was a member of Barack Hussein Obama’s transition team and that special privilege may have led to the inability of base Commanders to remove Hasan;
  • Apparent evidence of sickness;
  • Continued failure to prove his citizenship and eligibility for the office of the Presidency.
Of course I believe he is committing treason as I write this and already has.  But this  mayalso be stopped if he is constitutionally removed by disability as a result of mental defect and continued failure to prove his citizenship.

(Author’s note: I am re-posting my last article from Texasdarlin Blog for continuation of the discussion of a constitutional remedy to the issue of Obama’s eligibility. )

Update: I have now retrieved all of the original comments to this post from the TD archives and have offered them in a separate post.  Thank you for your patience! )

Disability.  The lack of legal capability to perform an act…used in a more limited sense it signifies…lack of legal qualifications to hold the office.

In the months since Constitutional Radio began to focus on the U.S. Constitution and its amendments,  it has become clear that within those pages lie some very powerful  tools that really do empower the people.  Our goal was to educate  and to become conversant in the Constitution, and to find legal, non-violent ways enshrined in that document that we can use right now to restore our Constitutional Republic.

Yes, revolution was highlighted in those pages, but as a last resort–not something to be taken lightly nor performed  for silly reasons.  And the timing and ripeness for revolution presumed an engaged and alert public, in my view.  Importantly, and regardless of our level of awareness now, the methods for resolving this Constitutional crisis even short of revolution lie right in front of us. And ‘revolution’ to me is qualitatively and quantitatively different than ‘civil unrest’.

It is within that context that this article examines the use and application of the 25th Amendment as yet another tool through which to resolve the current Constitutional Crisis brought to us by an unloyal Obama and a compliant un-representative Congress.

The Context and Historic Use of the 25th Amendment

The 25th Amendment was ratified in 1965 shortly after the assassination of John F. Kennedy to address Presidential Disability and Succession:

1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

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.

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.

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. [emphasis added]

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.

Thus the amendment provides three remedies in case of the disability of the President: (a) the President himself can designate the Vice President as Acting President; (b) the Vice President (with the agreement of the Cabinet) can designate himself as Acting President; and (c) Congress can designate the President unable to serve and designate the Vice President as Acting President.

Although there have been numerous instances of Presidential disability-such as operations under anesthesia, getting shot (Reagan)–the 25th Amendment was not specifically invoked until Bush did so in June of 2002.  Previous Presidents had written a letter to Congress seemingly in the spirit of the 25th Amendment but stopped short of invoking it.

“Disability”

The focus of the 25th Amendment seems to revolve around the physical disability of the President. But the Amendment itself contains no language limiting ‘disability’  to ‘physical’ disability.  Opening up Blacks Law Dictionary, I find this:

Disability.  The lack of legal capability to perform an act…used in a more limited sense it signifies…lack of legal qualifications to hold the office.

Continuing,

“Disability” may be general or specific, general when it incapacitates the person for the performance of all legal acts of a general class; the latter when applied to one specific act.  Disability may also be personal, where it attaches to a specific person and arises out of his status, or his juridical incapacity; or absolute, where it extends also to his descendants or successors.  The term civil disability is used as equivalent to legal disability, both these expressions meaning disabilities or disqualifications created by positive law, as distinguished from physical disabilities. [emphasis added]

Applications

Mr. Obama, having now been ‘elected’ as President of the United States, is legally bound to the constitution.  He has yet to prove his citizenship qualifications for the office he now holds and has therefore not yet proven his loyalty to the United States and to the Constitution.

Until Mr. Obama provides his documentation and proves his eligibility, he could be considered to be operating under a  legal disability or disqualification created by positive law, i.e., his legal oath to uphold the constitution.

At this point I have seen enough of Obama’s actions, words, and failure to provide documentation to convince me that he is not a natural born citizen as defined by the Constitution of the United States. An early definition of ‘natural born’ used by our Founding Fathers and sited by Judah Benjamin last year, is that a natural born citizen is one who has not obtained citizenship by any act of law.

If we assume he is a naturalized U.S. citizen, “naturalization’ is a ‘positive act of law’ and disqualifies him as a ‘natural born citizen’.  Thus Mr. Obama is currently serving with a civil disability because of a disqualification produced by positive law, i.e., naturalization.

Finally, I would argue that Obama’s own behavior on the world stage is a civil disability because he is bound by a positive law to uphold the United States Constitution.  He is the Commander-in-Chief, bound by the Constitution to protect the United States of America, not to ’stand with the Muslims’ if the winds blow ill.  His decisions on disarmament, terrorism, foreign policy, domestic, and economic policy, and his responses to world terrorism,  have already been disastrous for our country, leaving us vulnerable, not protected.

You’re Kidding, Right?

No.  The 25th Amendment is a viable way out of this mess for politicians and cabinet members who:

  • care about saving their own asses careers and reputations
  • care about saving the democratic party
  • care about a non-violent solution
  • Don’t want to sink with Obama, but don’t want to jump ship and lose their power
  • Care about a constitutional resolution to the disability of the President.

Congress of course would not do this on their own right now under Democratic control unless we make it very clear they are to resolve these issues and not be idiotic about the importance of having an eligible CIC regardless of party.  But when they lose control of both houses in 2010, Republicans might want to get to the bottom of this.  I am not holding my breath.

The Cabinet?  There is probably a magic poll number for Obama, say around 43%, plus increasing public concern and clamor for Obama’s documentation, where this could become a viable option. It would be self-motivated by them for their own survival.  (*Gasp* President Biden :shock: )

The People?  Of course.  The more we show them that we know the Constitution, and that the 25th Amendment would be a non-violent, constitutional mechanism to resolve this issue of Obama’s loyalty, the more we are empowered with the facts and a solution.  It does take courage not to be bullied by threats of ‘blood in the streets’.

But it doesn’t matter what they do–they have lost the American people, have openly violated their oath to uphold the constitution, and have failed to represent their constituents.  They have destroyed the legitimacy of their own authority.

Time-out for TOTUS

Obama is bound by law to the Constitution to prove himself eligible to serve  as  POTUS. He has not yet done so, despite his obligation to do so, his million-dollar defense, and all the, lies, forgeries, and lawsuits to date.  This is truly unbelievable, and who has $1.4 million dollars to play games?  Like the post Sticks and Stones noted, Obama told us he was ineligible in June 2008.  In denying the legitimacy of Article II of the Constutition, federal officials engage in conduct unbecoming of the people’s trust.

The courageous and responsible exercise of leadership in favor of the United States would be for the Vice President, Cabinet, and Congress to invoke the 25th Amendment and remove Obama until he provides his documentation.

The best thing that Obama could do for our Country now is to resign.

Who will stand?

Our Country deserves our Courage

Our Country deserves our Courage

57 Responses to “The President’s Disability under the 25th Amendment-Update”


  1. 1 itooktheredpill August 16, 2009 at 6:34 am

    All the original comments from that post may be viewed by visiting TD’s site.

    When I go to TD’s site, it looks like the only post that is viewable is “Blog on Break”.

    Is there a way to view earlier posts on TD’s site?

    • 2 drkate August 16, 2009 at 11:05 am

      use the search engine and it will take you right to the article…search under the title or DrKate

      • 3 itooktheredpill August 16, 2009 at 11:44 am

        When I do that, I get:

        Not Found
        Sorry, but you are looking for something that isn’t here.

        • 4 drkate4justice August 16, 2009 at 11:56 am

          Red Pill, working on this now. Sorry

          • 5 itooktheredpill August 16, 2009 at 12:16 pm

            Thanks, Dr. Kate.

            Are you an administrator at TD’s blog?

            I have made you an administrator at the WTPOTUS blog.

            Please let me know if you would prefer for the TD folks to “hang out” here at your blog, or if you like the concept of both personal blogs and a “community” blog.

            This new blog is not meant to be “mine” (I already have my own blog), but rather “ours” (the TD community), and it’s success will depend upon a team effort. I don’t really have the time to single-handedly administer wtpotus, but if we can “share the load”, I think it could work.

            At this point, it’s purely experimental, and I’m OK with whatever you think is best.

            Sincerely,
            Red Pill

  2. 6 Ox August 16, 2009 at 3:19 pm

    It is obvious that Obama is insane and when asked a question
    in his so-called staged town hall meetings about his Reform
    Health Care Bill by an individual who sites a certain part
    with facts the Messiah states that he is not aware of this
    section. Obama has no clue about what is in the Reform Bill
    for Health Care as he never wrote it, as is a puppet for an
    elite. Part 1 was slipped into the stimulus package and it
    was all passed in February which Devvy Kitts detailed a few
    days ago, and it is not logged in yet, but has been sent to
    a few sites. Devvy is one of the top women in the world who
    kicks ass, and it will eventually be logged into this site.
    http://www.newswithviews.com/Devvy/kidd.

    Now, she sends out her stuff on the web, and if you want to
    pick it up now, it will be reprinted on rense.com, and this
    gal has been kicking ass for years. She is one of the great
    authories on the web, with connections throughout government
    and look to the left for her writings as it is not in archive
    yet, and is called Obama snuck ObamaCare past us in February.

    Well, Obama and all you government representatives are lieing
    to you; well else is new?

    • 7 drkate August 16, 2009 at 4:28 pm

      Hi Ox! Thanks for coming by. The link worked for me and is an excellent read.

      Obama’s lack of understanding of the facts also shown whenever he gets off his teleprompter…the latest gaffe about fedex and the postal service.

      Who ARE the ones in current administration behind the fake throne?

      • 8 tsimitpo August 17, 2009 at 3:39 pm

        “Who ARE the ones in current administration behind the fake throne?”

        Well, I’m skeptical (and perhaps hopeful), but the evidence is becoming more compelling to suggest that the puppeteers are an elite global group of financiers who seek to achieve a New World Order. What puzzles me is how they would be able to pull this off without screwing something up that gives them away to the masses. Maybe we really are that “dumbed down”?

        • 9 drkate August 17, 2009 at 4:48 pm

          Agreed…NWO. Where I think they screwed up is Obama! His narcissistic personality disorder interferes with their policy objectives. And the more Obama’s poll numbers fall because of his policies, the more the NWO types will be interested in jumping ship…

    • 12 Renee August 16, 2009 at 4:22 pm

      Neither link is going thru ox.

      • 13 drkate August 16, 2009 at 4:30 pm

        Hi Renee, so glad you are here. Wow what a lot of work! Would you like to set up a page here?

        • 14 Renee August 16, 2009 at 5:17 pm

          Kate, I am laughing ! Like “Lifestyles of the Rich and Famous in History ” ? or like “Decorating in Small Spaces: Igloos and Huts” ? I always was envious of Robin Leach’s Job !!!! Can I do houses and castles too ? LOL ! Lifestyles and History of the rich and famous- I am howling with laughter ! Got to do the clothes and gardens with the stories too. Papoose would be thrilled ! Did you see some of the pictures DrKate ? Beautiful, are they not ? They are truly magical stories from our world. I never, ever expected to be so enchanted by the bits. I am thrilled to see your new spot.Way to go !

          • 15 drkate August 16, 2009 at 6:19 pm

            lolololol.

            So this is what I would suggest. We set up a “Renee’s Page” that you would set up a research theme for the week say, and folks go at it. We’ll see how it goes if the comments need to be moderated. But you would have access to that page as an author to ‘set up’ the weekly research question. What do you say?

          • 16 Renee August 16, 2009 at 7:18 pm

            Ok DrKate, but let everyone throw out a few things they would be interested in to get things rolling, and give me some ideas too. Anything catch your eye ?

          • 17 Renee August 18, 2009 at 7:53 am

            Kate, Can I do Hawaii for my first topic ?

  3. 18 JT August 16, 2009 at 4:14 pm

    Drkate – Thank you for this blog and for archiving your posts. Best wishes for you and this blog.

  4. 20 JT August 16, 2009 at 4:20 pm

    Ox – I remember back in February that Rush was talking about this being in the stimulus bill and I was wondering what ever happened with it. Thanks for pointing it out again.

  5. 21 drkate August 16, 2009 at 4:24 pm

    Red Pill, and to all who are beginning to view the site, I already am so far behind…but if you read the ‘about’ section you know where I will be going. I’ve archived my most recent post on Courage.

    Red Pill, I am delighted with WTPOTUS and hope to cross post and comment there. I agree the moderation is hard but with a like-minded TD community that wants to post, that is really perfect. So no preference for me, I will join and support you as well as this blog, if I can keep up!

  6. 22 Bridgette August 16, 2009 at 5:46 pm

    Dr. Kate,

    Congrats on your new blog! I wish you great success and look forward to reading your views and assessments of our world as it was, is, and will be. I am happy that TD’s dedicated readers and writers will have another safe place to express themselves. So many people with varying backgrounds, talents, and opinions have all converged into forming such meaningful relationships at TD’s. For a few days many felt like boats without rudders. Yet because of you, the group will now adjust and adapt, and happily support you and your new blog.

    • 23 drkate August 16, 2009 at 6:21 pm

      Thanks so much! I am glad you found this place and hope you like where it goes. I can’t ever fill TD’s shoes…miss her a lot already!

  7. 24 drkate August 16, 2009 at 6:38 pm

    Now here is an interesting you tube where Rachael Maddow, of all people, destroys Obama on lying.

    What he is proposing is in my view one of the reasons his disability under the 25th amendment has to be considered, and courageous and responsible Americans will have to act:

  8. 25 reps August 17, 2009 at 9:17 am

    I was listening to Bill Cunningham on radio last evening (8/16). He had a caller in his first hour that brought up the 25th Amendment as a basis for removing Barry & Co. from office.

    Cunningham, for the most part, was in agreement with the caller and identified a legal term about voiding the election. Can’t remember the exact terminology.

    Cunningham is very knowledgeable about the law as he is an attorney, former Ohio Asst. Atty General and his wife is an Appelate Court Judge.

    You can eventually listen to this dialogue here once it is posted to his website;

    http://www.premiereradio.com/shows/view/live_on_sunday_night.html

  9. 27 dave m August 17, 2009 at 9:50 am

    Thanks so much Drkate.
    Loved the disability concept,though I can’t see it working before 2010.

  10. 29 Ace August 18, 2009 at 7:07 am

    This is all fine and well, but who is going to enforce this?
    Congress? No
    The Courts? No
    The Military? No
    The FBI? No
    The Republican Party? No

    There is no one enforcing the Constitution on this matter.
    Therefore there are only 2 conclusions:

    A.) Bearick Obama is the lawful president;
    B.) A coup has taken place and this is no longer the USA, except in name.

    Where is the controlling authority?
    I don’t see it, do you?

    • 30 drkate August 18, 2009 at 10:47 am

      The 25th amendment is a viable option for removing the usurper president, its an option that saves face for lawmakers and results in the least disruption to the country.

      Frankly, unless a Court orders this (and I don’t see any precedent for a court to order this particular act), right now there is no one who could move it. The cabinet–involved in all of this–won’t dare cross the president unless they have the numbers. They can’t even talk about it without some of obama’s spies in each agency listening for dissent.

      The next place for this would be if we have a republican house and senate in 2011. Then they can initiate, on their own, an investigation and call for the invoking of the 25th amendment.

      The last event that could precipitate ‘courage’, if you can call it that, is if OBama sinks so low in the polls that his entire presidency becomes a joke and unacceptable to the people. Politicians will run for cover if they sense he is going to bring them down with him.

    • 31 drkate August 18, 2009 at 10:59 am

      oh, BTW, I think there has been a coup in this country!

    • 32 drkate November 9, 2009 at 8:43 am

      The controlling authority is the constitution. Senators and Reps have a responsibility and are allowed to investigate this matter. Of course they won’t until the dems lose control of both houses.

  11. 33 reps August 19, 2009 at 8:57 am

    dr kate:

    I don’t know if NESARA is real or bogus but this, if true, is another way to remove Barry & Co. from office!

    http://www.nesara.us/pages/home.html

  12. 34 tminu November 9, 2009 at 1:01 am

    Drudge showed an anorexic or cachexic looking Obama last week.

    Lame Cherry guessed he may have AIDS, cancer, or a wasting disease. If you look at the presidential debates Obama had with Biden, you can imagine he knows not only that Obama is bisexual but is taunting him with that issue and more:

    The fact that Obama wound up picking Biden as VP, looks to be a “keep your enemies close” move on the part of team Obama.

    • 35 California Don November 9, 2009 at 11:19 am

      Could that be why he did not and will not release him medical records like all other Presidents have??

  13. 36 d2i November 9, 2009 at 9:26 am

    dk – thank you for unearthing this post and bringing it back to life. I’ve truly missed the TD community of bloggers and their insightful input.

    The 25th Amendment could work. He is awfully skinny these days and appears mentally detached from the rest of the world. Very odd behavior for POTUS. When reviewing his first comment of the Ft. Hood attack I was stunned by his casual demeanor. He spent three minutes on Indian Affairs and two on the second largest terrorist attack to strike since 9/11. It was all very disconcerting and difficult to watch.

    Here is a post from RBO that is a must read. It supports everything you and others have been writing about for months, but it’s written from the perspective of a reporter from across the pond.

    http://therealbarackobama.wordpress.com/2009/11/09/melanie-phillips-this-is-a-marxist-doctrine/comment-page-1/#comment-15888

  14. 37 d2i November 9, 2009 at 10:07 am

    btw, I want to share a theory I have regarding “crickets”.

    Take a look at succession –

    Biden – if jbjd’s complaints are being investigated, which I believe they are, he’ll be indicted and therefore, could not serve.

    Pelousy – ditto from above. She likely has a red pill and will do everything possible not to see the inside of a cell. This woman is determined and frightening.

    Byrd – too old. Plus, he’s in on the election fraud too. Hillary won WV by a huge margin but Byrdie threw his weight behind 0.

    Hillary – this is where things seem to take lots of twists and turns. Why she handed over her hard earned win to 0 is the best kept secret known. Sure we all have our theory’s but we lack facts to support many of them. So, that said, are her hands clean?

    I say yes. If there is one thing I know about Hillary it’s her love for Chelsea and her love for this country. There is no part of me that can believe that she would take part in this most dispicable act of treason against a country she loves, and more importantly, at the expense of her relationship with her daughter. That said, I suggest that she’s a loyal friend to this country in ways we’ll likely never know.

    And I’m coming to believe, sooner rather than later, we will be witnesses to an incredibly historic moment never seen in our lifetimes.

  15. 38 motley November 9, 2009 at 10:43 am

    How can we try someone for treason if they are not a citizen to this country?

    • 39 drkate November 9, 2009 at 2:29 pm

      Exactly. He is betraying our country just by usurping the office….thereby ‘committing treason as I write this”.

      But treason is not limited to a president, or usurper…and it is very difficult to ‘prove’ in a court of law, and especially so because obama has accomplices who will not talk (there have to be 2 witnesses to the claim) and his ‘attacking the states’ is aided by Congress.

      So saying this was more or less ‘lets get him out in some other way’…to me, it seems reasonable to use the 25th amendment. To invoke that would involve an investigation by congress or the cabinet. Yes, not very likely. However, I want to keep this front and center because I now believe Obama is mentally ill, and I also believe he has some physical ailment.

  16. 40 Mary November 9, 2009 at 2:14 pm

    dr kate,

    Thanks for this post. Some of our TD regulars may recall my having said since the election campaign that, based on his erratic behavior, I believ obama is mentally ill and certifiable. It am highly gratified to find myself seconded by a sister scholar, especially one with so robust an intellect as yours.

    Mary

    • 41 drkate November 9, 2009 at 2:30 pm

      Thank you Mary. I remember that statement of yours.

      This is a case of total disability–he cannot protect the United States! 😯 😡

      • 42 Mary November 9, 2009 at 8:31 pm

        Even if he could, he wouldn’t.

        If he were an American, obama woulsd be a traitor. Since he is not a citizen, he is a muslim terrorist living in the USA, much like his bro at Ft Hood. The difference is that Major Murderer is here legally.

  17. 44 dlovvo November 9, 2009 at 2:47 pm

    Question: Who would have to claim that he is medically unable to serve in office?

    Then who would determine that he is unable? The congress.. Lots of luck there.

    • 45 drkate November 9, 2009 at 2:51 pm

      lots of luck is right: the congress, the white house medical staff, the cabinet, Obama himself, the Vice President. Those are the choices.

      Look at it this way too…its an ‘out’ for Obama without the shame. he can still be #44 but disabled, while someone else will act in his stead.

      I think right now its how to assure Pelosi doesn’t get the presidency. It will be down to Clinton or Gates.

      • 46 d2i November 9, 2009 at 4:03 pm

        dk – over at CWs two posters are talking about the tie in b/w the House healthcare bill passed Saturday night, climate change legislation and the Copenhagen Treaty. It is an extremely disturbing pattern that is emerging. If there is truth to this, don’t look to Congress – Rs or Ds – to save the day. We’ll have to wait and see how strong the dots are but there appears to be a connection AND the Rs haven’t breathed a word about it. Very troubling.

  18. 48 ProudinNC November 9, 2009 at 7:32 pm

    I remember a Law and Order SVU episode with Richard Thomas (John Boy Walton fame) playing a man with syphilis that had moments of lucidity and unexplained insanity. EEK!


  1. 1 The TD Community’s Discussion of the 25th Amendment « drkatesview Trackback on August 16, 2009 at 2:44 pm
  2. 2 Obama is Disabled « drkatesview Trackback on December 1, 2009 at 12:04 am
  3. 3 Relentless « drkatesview Trackback on December 15, 2009 at 12:02 am
  4. 4 Misprision of Felony « drkatesview Trackback on May 5, 2010 at 12:13 am
  5. 5 Stop Them Cold: The Usurpathon « drkatesview Trackback on July 3, 2010 at 12:33 am
  6. 6 Constitutional Accountability Project: Usurpation of the Presidency « drkatesview Trackback on August 1, 2010 at 11:04 am
  7. 7 A Constitutional Crisis Trackback on August 2, 2010 at 3:05 pm
  8. 8 Project Usurpation « My Very Own Point of View Trackback on August 4, 2010 at 11:04 am
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