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.
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