On the recordFebruary 15, 2017
Like many people, I have noticed renewed interest in the 25th Amendment, as we have seen erratic behavior out of the White House, an inability of Donald Trump to even tell whether it rained on him during his inaugural speech, and repeating false statements that are demonstrably wrong. Last Friday, the mechanism to deal with Presidential incapacity, the 25th Amendment, celebrated its 50th anniversary. I became intrigued with its history and application because it is clear, whether with Donald Trump or a future President, this mechanism is very important. Accidents can happen: President Reagan suffered from early onset Alzheimer's that concerned his staff. President Wilson was incapacitated by a stroke, and his wife, Edith, effectively governed the United States for months. It is only a matter of time before we face these challenges again. As I examined the amendment, it became clear that, in the case of mental or emotional incapacity, there is a glaring flaw. For a mentally unstable, paranoid, or delusional President, the 25th Amendment has no guarantee of its application. In fact, it is likely that it would fail. As written, the 25th Amendment requires the Vice President and a majority of the Cabinet to concur that the President is no longer capable of exercising authority. There are other safeguards. It would take time to process. Ultimately, two-thirds of both Houses of Congress must agree. But look at the current Cabinet.…





