# Presidential cognitive exams. To whom do they report?
**URL:** https://boards.straightdope.com/t/presidential-cognitive-exams-to-whom-do-they-report/1028844
**Category:** Factual Questions
**Created:** [March 28, 2026, 7:06pm UTC](https://boards.straightdope.com/t/presidential-cognitive-exams-to-whom-do-they-report/1028844 "2026-03-28T19:06:04Z")
**Posts on this page:** 9
**Page:** 2
### Author:  [@kenobi\_65](https://boards.straightdope.com/u/kenobi_65)
#### Post date: [April 5, 2026, 9:46pm UTC](https://boards.straightdope.com/t/presidential-cognitive-exams-to-whom-do-they-report/1028844/21 "2026-04-05T21:46:32Z")
> [@Beckdawrek](#):
>
> The 25th amendment wasn’t in place when Wilson was president.
Exactly. It was created on the heels of JFK’s assassination, to address (a) how to deal with a temporarily or permanently disabled President (imagine JFK having survived, but being brain damaged or comatose), as well as to (B) create a mechanism to fill the office of the Vice-President if it became vacant, as it did when LBJ succeeded JFK.
---
### Author:  [@Stratocaster](https://boards.straightdope.com/u/Stratocaster)
#### Post date: [April 5, 2026, 10:15pm UTC](https://boards.straightdope.com/t/presidential-cognitive-exams-to-whom-do-they-report/1028844/22 "2026-04-05T22:15:04Z")
Just an FYI: Only Covered Entities as defined by law have HIPAA privacy obligations. That would be doctors, hospitals, etc.
Anyone else who was aware could spread the word and not run afoul of HIPAA. The point being that HIPAA is not the impenetrable firewall some of the posts here suggest.
---
### Author:  [@Beckdawrek](https://boards.straightdope.com/u/Beckdawrek)
#### Post date: [April 6, 2026, 12:09am UTC](https://boards.straightdope.com/t/presidential-cognitive-exams-to-whom-do-they-report/1028844/23 "2026-04-06T00:09:44Z")
Oh, _Carnie\*_ it’s ok. I barely paid attention in history either. I liked to read it but any thing with numbers, as in dates befuddled me.
I Googled it. I remembered Wilson was president early in the century. And knowing the amendment was after JFK. The sixties.
- nickname
ETA…thx to @kenobi_65 for filling in the details.
---
### Author:  [@md-2000](https://boards.straightdope.com/u/md-2000)
#### Post date: [April 7, 2026, 6:15am UTC](https://boards.straightdope.com/t/presidential-cognitive-exams-to-whom-do-they-report/1028844/24 "2026-04-07T06:15:05Z")
> [@Schnitte](#):
>
> The 25th Amendment defines a process whereby the Vice President and the majority of the fifteen cabinet secretaries (or some other body designated by Congress, but no such designation has been made so far) can declare the President unable to discharge the powers and duties of his office;
So presumably congress could enact a coup by creating a parallel body with the power to remove the president - presumably congress members. Does not appear the president needs to consent to this body’s creation, as he would with laws?
Anyway, the trick would be to then get the 2/3 in both chambers to make incapacity decision stick…
---
### Author:  [@Beckdawrek](https://boards.straightdope.com/u/Beckdawrek)
#### Post date: [April 7, 2026, 6:40am UTC](https://boards.straightdope.com/t/presidential-cognitive-exams-to-whom-do-they-report/1028844/25 "2026-04-07T06:40:46Z")
If Prez ?? Is truly incapacitated it will take of itself.
---
### Author:  [@Schnitte](https://boards.straightdope.com/u/Schnitte)
#### Post date: [April 7, 2026, 6:43am UTC](https://boards.straightdope.com/t/presidential-cognitive-exams-to-whom-do-they-report/1028844/26 "2026-04-07T06:43:06Z")
> [@md-2000](#):
>
> So presumably congress could enact a coup by creating a parallel body with the power to remove the president - presumably congress members. Does not appear the president needs to consent to this body’s creation, as he would with laws?
He could veto it, just like any other bill, and if he vetoes it, Congress could override the veto with a two thirds majority.
---
### Author:  [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)
#### Post date: [April 7, 2026, 11:38am UTC](https://boards.straightdope.com/t/presidential-cognitive-exams-to-whom-do-they-report/1028844/27 "2026-04-07T11:38:59Z")
True.
But the problem isn’t incapacity as in “Too inert to feed themselves”. The problem is incapacity as in “Batshit criminally insane, but very self-aware of what they’re doing.”
---
### Author:  [@carnivorousplant](https://boards.straightdope.com/u/carnivorousplant)
#### Post date: [April 9, 2026, 9:28pm UTC](https://boards.straightdope.com/t/presidential-cognitive-exams-to-whom-do-they-report/1028844/28 "2026-04-09T21:28:07Z")
You worded that far better than I.
---
### Author:  [@md-2000](https://boards.straightdope.com/u/md-2000)
#### Post date: [April 9, 2026, 11:00pm UTC](https://boards.straightdope.com/t/presidential-cognitive-exams-to-whom-do-they-report/1028844/29 "2026-04-09T23:00:50Z")
> [@Schnitte](#):
>
> He could veto it, just like any other bill, and if he vetoes it, Congress could override the veto with a two thirds majority.
Oops. yes, it woul have to be a law to create an alternative body.
> **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.
it seems there would be a lot of very interesting and lively back-and-forth between the president and assorted others if the president disputed their assessment. Not clear is what happens if the president declares himself fit and then fires the whole cabinet the instant his written declaration “transmit to the…” lands on their desks, before the VP has time to respond. The problem is the cabinet depend on the (acting) president president for their position, so are less in an independent frame of mind to make such a call. Presumably, having fired the cabinet, and without nominated replacements ratified by congress, there is nobody to satisfy the requirement for the cabinet to approve a 25th amendment call.
[Previous page](https://boards.straightdope.com/t/presidential-cognitive-exams-to-whom-do-they-report/1028844.md?page=1)