# Can the President of the US be declared incompetent? (Medical sense)
**URL:** https://boards.straightdope.com/t/can-the-president-of-the-us-be-declared-incompetent-medical-sense/492443
**Category:** Factual Questions
**Created:** [April 8, 2009, 10:41pm UTC](https://boards.straightdope.com/t/can-the-president-of-the-us-be-declared-incompetent-medical-sense/492443 "2009-04-08T22:41:36Z")
**Posts on this page:** 3
**Page:** 1
### Author:  [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)
#### Post date: [April 8, 2009, 10:41pm UTC](https://boards.straightdope.com/t/can-the-president-of-the-us-be-declared-incompetent-medical-sense/492443/1 "2009-04-08T22:41:36Z")
This is in no way aimed at any President of the US…current or previous. Just occurred to me and I was curious.
Say the President of the United States has a mental breakdown. Or a psychotic episode or whatever you like that renders him literally unfit for office (and it is apparent to all the guy is off his rocker). However, the President is still walking and talking and refuses to step down, saying he’s fine.
Impeachment would certainly seem the course to take but the impeachment process is not a fast thing. We do not want to wait with a nutter for a President while Congress gets to the point of Impeachment.
So, can a doctor just declare the President unfit? Seems a little too easy. A judge? SCOTUS? Congress? Would it be a temporary thing to see if the President will recover in a few days or weeks and re-instate him?
Or would Congress just have to get an impeachment done in a day?
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### Author:  [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)
#### Post date: [April 8, 2009, 10:44pm UTC](https://boards.straightdope.com/t/can-the-president-of-the-us-be-declared-incompetent-medical-sense/492443/2 "2009-04-08T22:44:58Z")
The Vice President and a majority of cabinet have the power. The 25th Amendment outlines the procedure: _“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.”_
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### Author:  [@friedo](https://boards.straightdope.com/u/friedo)
#### Post date: [April 8, 2009, 10:47pm UTC](https://boards.straightdope.com/t/can-the-president-of-the-us-be-declared-incompetent-medical-sense/492443/3 "2009-04-08T22:47:56Z")
> [@Whack-a-Mole](#):
>
> So, can a doctor just declare the President unfit? Seems a little too easy. A judge? SCOTUS? Congress? Would it be a temporary thing to see if the President will recover in a few days or weeks and re-instate him?
The 25th Amendment has the answer:
> [@RTFM](#):
>
> 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.
Section 4 has never been invoked (except on bad TV shows), but the first three sections have. More info [here](http://en.wikipedia.org/wiki/25th_Amendment).