Who decides if the President is disabled?
Asked by: Larry Dare | Last update: February 15, 2026Score: 4.6/5 (42 votes)
Deciding if a President is disabled involves the President voluntarily declaring it (Section 3) or, if contested, the Vice President and a majority of the Cabinet (or a Congress-defined body) declaring it under Section 4 of the 25th Amendment, leading to Congress deciding the issue if the President objects, with a two-thirds vote in both houses needed to keep the VP as acting President.
Who can declare the President disabled?
Presidential inability or disability is specifically covered in Section 3, whereby the President may declare a disability, and Section 4, whereby a presidential disability is declared by the Vice President and a majority of the Cabinet or such other body as may be established by law.
How is presidential disability determined?
A vote of two-thirds of both houses within 21 days is required to determine the President to be disabled and continue the disability; otherwise, he resumes his powers and duties.
What does it take to declare a president incompetent?
To invoke Section 4, the Vice President and a majority of the relevant body must send a written declaration to the President pro tempore of the Senate and the Speaker of the House of Representatives stating that the President is unable to discharge his office's powers and duties.
Has America ever had a disabled president?
The public had concentrated on the polio, but Roosevelt also showed signs even then of hypertension. Roosevelt won the nomination and the presidency. Many Americans were unaware that their president had to spend much of his time in a wheelchair.
What Happens If The President Becomes Disabled? - CountyOffice.org
Who becomes President if the President is disabled?
Amdt25. 1 Overview of Twenty-Fifth Amendment, Presidential Vacancy and Disability. Section 1: In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
Did JFK have a disability?
Better known was his notorious spine and back problems that began while playing football in college. His lower back pain was so severe, he was initially rejected by the both U.S. Army and the Navy when he first volunteered for service in World War II.
Can a Supreme Court judge overrule the President?
Courts may strike down executive orders not only on the grounds that the president lacked authority to issue them but also in cases where the order is found to be unconstitutional in substance.
What three things can remove a president from office?
A President can be removed from office primarily through the constitutional process of impeachment and conviction, but also through resignation, or by invoking the 25th Amendment for inability to serve, with impeachment being the formal method for misconduct like treason, bribery, or high crimes and misdemeanors.
Has the Speaker of the House ever had to become president?
Yes, one Speaker of the House, James K. Polk, has become President of the United States, making him the only one to achieve the presidency through election after serving as Speaker. While the Speaker is second in the presidential line of succession, most Speakers who might have ascended (like during the Watergate era) didn't become President due to the 25th Amendment, which allows for a new VP to be nominated, or simply by not winning the presidency in their own right.
Can a disabled person run for president?
The 14th Amendment itself provides a path for Congress to allow such a candidate to run, but this would require a vote of two-thirds of each House to remove such disability.
Can the President fire the Vice President?
The Constitution of the United States gives Congress the authority to remove the vice president of the United States from office in two separate proceedings. The first one takes place in the House of Representatives, which impeaches the vice president by approving articles of impeachment through a simple majority vote.
Can a president be removed via the 25th Amendment?
The Congress may by law provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then be President, or, in case of inability, act as President, and such officer shall be or act as President accordingly, until a President shall be elected or ...
Can Barack Obama be vice president?
Yes, former President Barack Obama could legally run for Vice President because the 22nd Amendment bars two-term presidents from being elected President again, not from serving as VP, and the 12th Amendment only stops those ineligible for President from being VP; however, constitutional scholars debate if a two-term president could succeed to the presidency from the VP role, but the general consensus is yes, he'd be eligible to serve as VP and potentially President, though it's politically complex.
What would it take for Trump to be removed from office?
For impeachment to occur, a simple majority is needed in the House and for conviction/removal from office to occur a two-thirds majority is needed in the Senate. At the time both the House and Senate were controlled by Republicans.
What is one of two things that must happen if the president is disabled from performing his duties for the vice president to be acting president?
If two-thirds of both houses of Congress agree that the president is unable to perform their duties, the vice president continues as acting president; otherwise, the president resumes their duties.
Can a president stay in office if impeached?
The Constitution requires a two-thirds vote of the Senate to convict, and the penalty for an impeached official upon conviction is removal from office.
Can a president pardon himself?
O.L.C. Supp. 370, 370 (1974) (opining during the Nixon Administration that a President may not pardon himself based on the fundamental rule that no one may be a judge in his own case ).
Can the president change the vice president?
Section 2 further requires the president to nominate a politician who can replace the vice president when necessary. This was invoked for the first time with Gerald Ford replacing Vice President Spiro Agnew after his resignation in 1973.
Who has greater power than the President?
The Senate has exceptionally high authority, sometimes higher than the President or the House of Representatives. The Senate can try cases of impeachment, which can dismiss a President for misconduct.
Can a President fire a supreme judge?
No, a U.S. President cannot fire a Supreme Court Justice; they serve for life ("during good behavior") and can only be removed through the impeachment process by Congress (House impeaches, Senate convicts) for serious misconduct, ensuring judicial independence from political pressure.
What is the salary of the Chief Justice?
The salary for the U.S. Chief Justice is set by Congress, with the rate for 2024 being $312,200 annually, increasing to $317,500 in 2025, while Associate Justices earn slightly less. State chief justices have different salaries, such as Maryland's Chief Justice earning $255,433 as of July 1, 2025, and Nebraska's Chief Justice earning $231,857.65 as of July 1, 2026, highlighting significant variations across jurisdictions.
What were JFK's last words before he died?
Nellie Connally turned and commented to Kennedy, who was sitting behind her, "Mr. President, they can't make you believe now that there are not some in Dallas who love and appreciate you, can they?" Kennedy's reply – "No, they sure can't" – were his last words.
Why didn't the Kennedys go to Kathleen's funeral?
Most of the Kennedy family didn't attend Kathleen "Kick" Kennedy's 1948 funeral due to her mother Rose's disapproval of her marrying a Protestant (and later a divorced man), which led to a family rift, leaving only her father, Joseph Sr., to attend, while JFK was too grief-stricken and discouraged by his mother to go, despite intending to. The family also wanted to avoid public scandal given JFK's rising political career, keeping the tragic circumstances of her death quiet.
Which president had ADHD?
While no president has officially declared an ADHD diagnosis during their term, John F. Kennedy (JFK) is widely cited by biographers and experts as likely having ADHD, showing traits like high energy, charisma, and struggles with focus, alongside other conditions, while George W. Bush and his father, George H.W. Bush, are also suggested to have had it, demonstrating that individuals with ADHD can reach the highest office, often leveraging traits like multitasking and rapid decision-making, as noted by the Society for Human Resource Management (SHRM) and ADDitude magazine.