# What happens if a Congressman cannot perform their duties? **URL:** \ **Category:** Factual Questions\ **Created:** [January 12, 2011, 12:02am UTC](https://boards.straightdope.com/t/what-happens-if-a-congressman-cannot-perform-their-duties/567286 "2011-01-12T00:02:10Z")\ **Posts on this page:** 14\ **Page:** 1
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [January 12, 2011, 12:02am UTC](https://boards.straightdope.com/t/what-happens-if-a-congressman-cannot-perform-their-duties/567286/1 "2011-01-12T00:02:10Z")
With Rep Giffords being shot in the head and surviving, what happens if a Congressman is rendered incompetent. Remember that was a big issue after Kennedy was shot leading to the 25th Amendment and may have been an issue if Ted Kennedy survived his strokes. Even if a survivor doesn’t take an active role, the state still loses some representation. I know the House could expel them, but that would be political suicide. Are there any other avenues open. ---
**Author:** ![AlsoNamedBort](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alsonamedbort/32/3213_2.png) [@AlsoNamedBort](https://boards.straightdope.com/u/AlsoNamedBort)\ **Post date:** [January 12, 2011, 12:27am UTC](https://boards.straightdope.com/t/what-happens-if-a-congressman-cannot-perform-their-duties/567286/2 "2011-01-12T00:27:44Z")
Pretty good article on Slate today just about this: [http://www.slate.com/id/2280826/?from=rss](http://www.slate.com/id/2280826/?from=rss) Basically, it’s up to the family to resign the seat. ---
**Author:** ![Peremensoe](https://avatars.discourse-cdn.com/v4/letter/p/ce7236/32.png) [@Peremensoe](https://boards.straightdope.com/u/Peremensoe)\ **Post date:** [January 12, 2011, 12:38am UTC](https://boards.straightdope.com/t/what-happens-if-a-congressman-cannot-perform-their-duties/567286/3 "2011-01-12T00:38:21Z")
Article One, Section Two provides for the filling of _vacant_ seats (as in the case of a member’s death), but an incapacitated member is not a vacancy. Giffords would have to die, resign, or have her seat _declared_ vacant by a special resolution–as was done for [Gladys Spellman](http://en.wikipedia.org/wiki/Gladys_Spellman) in 1981–and then be replaced through the Constitutionally-provided special election, before anyone could vote on behalf of the Arizona 8th. As long as Giffords’ doctors are holding out the hope of substantial recovery, I can’t really see anyone introducing such a resolution. ---
**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\ **Post date:** [January 12, 2011, 12:43am UTC](https://boards.straightdope.com/t/what-happens-if-a-congressman-cannot-perform-their-duties/567286/4 "2011-01-12T00:43:08Z")
> [@AlsoNamedBort](#): > > Pretty good article on Slate today just about this: > [http://www.slate.com/id/2280826/?from=rss](http://www.slate.com/id/2280826/?from=rss) Not that it changes the issue, but Tim Johnson did not have a stroke. He suffered bleeding in his brain that was caused by an arteriovenous malformation. It wasn’t clear at the time how much he might recover, if at all, and he was away from the Senate for months while having physical therapy and such. ---
**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\ **Post date:** [January 12, 2011, 3:24am UTC](https://boards.straightdope.com/t/what-happens-if-a-congressman-cannot-perform-their-duties/567286/5 "2011-01-12T03:24:19Z")
> [@spark240](#): > > …Giffords would have to die, resign, or have her seat _declared_ vacant by a special resolution–as was done for [Gladys Spellman](http://en.wikipedia.org/wiki/Gladys_Spellman) in 1981–and then be replaced through the Constitutionally-provided special election, before anyone could vote on behalf of the Arizona 8th… But this isn’t quite the same position as the Spellman case. Spellman fell into her coma _before_ taking the oath of office (before the election even), Giffords has already been sworn in for her term. A simple resolution might not cut it. The House can of course always expell her, but that’s never been done for health reasons and requires a 2/3 supermajority. ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [January 12, 2011, 3:37am UTC](https://boards.straightdope.com/t/what-happens-if-a-congressman-cannot-perform-their-duties/567286/6 "2011-01-12T03:37:15Z")
Here’s a question. Let’s suppose Giffords’ husband has a letter granting him power of attorney in the case that his wife is medically incapacitated. Could he resign on behalf of his wife? ---
**Author:** ![Peremensoe](https://avatars.discourse-cdn.com/v4/letter/p/ce7236/32.png) [@Peremensoe](https://boards.straightdope.com/u/Peremensoe)\ **Post date:** [January 12, 2011, 3:45am UTC](https://boards.straightdope.com/t/what-happens-if-a-congressman-cannot-perform-their-duties/567286/7 "2011-01-12T03:45:53Z")
> [@alphaboi867](#): > > But this isn’t quite the same position as the Spellman case. Spellman fell into her coma _before_ taking the oath of office (before the election even), Giffords has already been sworn in for her term. You know, you’re absolutely right. I vaguely remembered the story of Spellman, and so when I saw her referenced in a current item about Giffords, I didn’t think about it carefully. Gabrielle Giffords _is_ the sworn occupant of that seat, until death, resignation, or the end of the term. ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [January 12, 2011, 4:54am UTC](https://boards.straightdope.com/t/what-happens-if-a-congressman-cannot-perform-their-duties/567286/8 "2011-01-12T04:54:23Z")
Gifford’s aide (the one that gave her first aid) mentioned she was unable to speak after being shot. She could breath, squeeze his hand, and even make hand gestures. But, no speech. If that continues, it would certainly be a major problem for any politician. I can’t imagine any politician getting reelected that relied on passing notes, or using a computer speech synthesizer. Hopefully Gifford will fully regain her speech. They are projecting her rehab may require over a year. That’s over half her 2 year term. It’s a such a shame that something like this happened. ---
**Author:** ![Quartz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quartz/32/267_2.png) [@Quartz](https://boards.straightdope.com/u/Quartz)\ **Post date:** [January 12, 2011, 9:06am UTC](https://boards.straightdope.com/t/what-happens-if-a-congressman-cannot-perform-their-duties/567286/9 "2011-01-12T09:06:23Z")
> [@aceplace57](#): > > I can’t imagine any politician getting reelected that relied on passing notes, or using a computer speech synthesizer. We’ve had disabled politicians before: David Blunkett is blind, and there’ve been a deaf member or two of the House of Lords. And requiring a speech synthesiser hasn’t stopped Stephen Hawking. ---
**Author:** ![Peremensoe](https://avatars.discourse-cdn.com/v4/letter/p/ce7236/32.png) [@Peremensoe](https://boards.straightdope.com/u/Peremensoe)\ **Post date:** [January 12, 2011, 3:56pm UTC](https://boards.straightdope.com/t/what-happens-if-a-congressman-cannot-perform-their-duties/567286/10 "2011-01-12T15:56:08Z")
Karl Mundt, a former holder of the Tim Johnson Senate seat, was crippled by stroke in November 1969, but still retained the seat until the term ended in January 1973. ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [January 12, 2011, 4:02pm UTC](https://boards.straightdope.com/t/what-happens-if-a-congressman-cannot-perform-their-duties/567286/11 "2011-01-12T16:02:16Z")
A Republican friend who was a U.S. Senate staffer in the Eighties once told me that Strom Thurmond was mentally so far gone towards the end that one of his aides would stand behind him, take him by the shoulders and give him a gentle push to start him walking down the right hallway. As long as the voters of your state love you, you can continue to serve. ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [January 12, 2011, 4:38pm UTC](https://boards.straightdope.com/t/what-happens-if-a-congressman-cannot-perform-their-duties/567286/12 "2011-01-12T16:38:55Z")
If a Congress_man_ can’t perform his duties, then he should take ExtenZe and Viagra. If Congress_woman_ can’t perform her duties, she needs to see her doctor. ---
**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\ **Post date:** [January 12, 2011, 7:02pm UTC](https://boards.straightdope.com/t/what-happens-if-a-congressman-cannot-perform-their-duties/567286/13 "2011-01-12T19:02:03Z")
**What happens if a Congressman cannot perform their duties?** Happens all the time. Usually they just get re-elected. ---
**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\ **Post date:** [January 13, 2011, 5:33am UTC](https://boards.straightdope.com/t/what-happens-if-a-congressman-cannot-perform-their-duties/567286/14 "2011-01-13T05:33:50Z")
> [@friedo](#): > > Here’s a question. Let’s suppose Giffords’ husband has a letter granting him power of attorney in the case that his wife is medically incapacitated. Could he resign on behalf of his wife? Yes, he could. (As the very first answer stated.) And as Rep. Giffords is/was conscious, she would be able to respond herself (nod her head, or type out a resignation letter & sign with an X. So it’s not likely to apply here. A more interesting question to me: would her husband be able to use that power of attorney to vote for her in Congress? I would presume not. But then, it was reported that Sen. Strom Thurmond’s aides often voted for him in later years, and those votes were accepted by the Senate. When Rep. Giffords recovers enough to attend House sessions, and an aide accompanies her wheelchair, and inserts her card and presses the voting button for her, would the House accept that as a valid vote by her? I would think they should, and the precedents confirm that. But she is a Democrat in a body controlled by Republicans, and given the divisiveness of the body in recent years, they may refuse. Which would probably cause a fuss, but they aren’t likely to care.