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Topic: Does Joe Biden have the Mental Capacity to be the President of the US?

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medinabuckeye1

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Re: Does Joe Biden have the Mental Capacity to be the President of the US?
« Reply #336 on: July 09, 2024, 12:42:51 PM »
Is there a functional difference between "Acting President" and President, aside from perhaps there being no Vice President?

This Amendment was poorly written, in my  view, as is the case with many of them.
If any of the lawyers on here want to chime in they may have a better take than mine but . . .

I think that on a day-to-day basis there is no difference.  The Amendment stipulates that the VP assumes "the powers and duties of the office".  On a day-to-day basis, that is equivalent to being the President.  There are no limitations.  

AFAIK, the only difference then is that if Harris becomes "acting President" she can't appoint a replacement VP.  I see this as problematic because nobody else can either because technically the office of VP wouldn't be vacant.  She'd still be the VP.  

MaximumSam

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Re: Does Joe Biden have the Mental Capacity to be the President of the US?
« Reply #337 on: July 09, 2024, 01:08:39 PM »
If any of the lawyers on here want to chime in they may have a better take than mine but . . .

I think that on a day-to-day basis there is no difference.  The Amendment stipulates that the VP assumes "the powers and duties of the office".  On a day-to-day basis, that is equivalent to being the President.  There are no limitations. 

AFAIK, the only difference then is that if Harris becomes "acting President" she can't appoint a replacement VP.  I see this as problematic because nobody else can either because technically the office of VP wouldn't be vacant.  She'd still be the VP. 
Yeah I think that is right - I understand part of the motivation for that section was the Kennedy assassination and the idea of what if Kennedy survived as a vegetable.

Cincydawg

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Re: Does Joe Biden have the Mental Capacity to be the President of the US?
« Reply #338 on: July 09, 2024, 01:37:24 PM »
The Twenty-Fifth Amendment was an effort to resolve some of the continuing issues revolving about the office of the President; that is, what happens upon the death, removal, or resignation of the President and what is the course to follow if for some reason the President becomes disabled to such a degree that he cannot fulfill his responsibilities. The practice had been well established that the Vice President became President upon the death of the President, as had happened eight times in our history. Presumably, the Vice President would become President upon the removal of the President from office. Whether the Vice President would become acting President when the President became unable to carry on and whether the President could resume his office upon his recovering his ability were two questions that had divided scholars and experts. Also, seven Vice Presidents had died in office and one had resigned, so that for some 20% of United States history there had been no Vice President to step up. But the seemingly most insoluble problem was that of presidential inability—James Garfield’s lying in a coma for eighty days before succumbing to the effects of an assassin’s bullet, Woodrow Wilson an invalid for the last eighteen months of his term, the result of a stroke—with its unanswered questions: who was to determine the existence of an inability, how was the matter to be handled if the President sought to continue, in what manner should the Vice President act, would he be acting President or President, what was to happen if the President recovered. Congress finally proposed this Amendment to the states in the aftermath of President John F. Kennedy’s assassination, with the Vice Presidency vacant and a President who had previously had a heart attack.

Cincydawg

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Re: Does Joe Biden have the Mental Capacity to be the President of the US?
« Reply #339 on: July 09, 2024, 02:23:26 PM »
House Democrats back Joe Biden after meeting (thehill.com)

If this is accurate, Biden appears to have weathered the storm so far as inside his party.  If Trump could magically start sounding rather sane and boring and uneventful, he'd have it nearly in the bag.  Coachspeak.

But, he won't.

But, if Biden has another public "issue", the Democrats will be in a deeper bind.  And if Biden indeed IS having cognition issues, he WILL have another issue.  And trying to keep him out of view won't work for long.

847badgerfan

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Re: Does Joe Biden have the Mental Capacity to be the President of the US?
« Reply #340 on: July 09, 2024, 02:26:33 PM »
That September debate is not going to happen as scheduled - especially not at 9PM.

It will either be set for 3PM, or not happen at all.
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847badgerfan

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Re: Does Joe Biden have the Mental Capacity to be the President of the US?
« Reply #341 on: July 09, 2024, 02:27:12 PM »
House Democrats back Joe Biden after meeting (thehill.com)

If this is accurate, Biden appears to have weathered the storm so far as inside his party.  If Trump could magically start sounding rather sane and boring and uneventful, he'd have it nearly in the bag.  Coachspeak.

But, he won't.

But, if Biden has another public "issue", the Democrats will be in a deeper bind.  And if Biden indeed IS having cognition issues, he WILL have another issue.  And trying to keep him out of view won't work for long.
This is not a thread about Donald Trump, but he's been very quiet lately.
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betarhoalphadelta

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Re: Does Joe Biden have the Mental Capacity to be the President of the US?
« Reply #342 on: July 09, 2024, 02:31:46 PM »
That September debate is not going to happen as scheduled - especially not at 9PM.

It will either be set for 3PM, or not happen at all.
The hole the Biden campaign is in is that the second debate MUST happen or it's a PR victory for Trump. The entire country saw [and/or talked about] the mess that Biden was in the first debate. If he ducks out of the second debate, what possible spin can there be other than he's afraid to be exposed, AGAIN, on that stage. 

If Biden remains in the race, he MUST debate, and he MUST do well, or he might lose in a fashion resembling Mondale in '84.  

medinabuckeye1

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Re: Does Joe Biden have the Mental Capacity to be the President of the US?
« Reply #343 on: July 09, 2024, 02:33:04 PM »
Yeah I think that is right - I understand part of the motivation for that section was the Kennedy assassination and the idea of what if Kennedy survived as a vegetable.
So, that brings me back to my hypothetical and this isn't a partisan thing, it could apply either way suppose either:

Hypothetical version 1 (already set out upthread):
  • The Biden/Harris ticket wins re-election.  
  • Republicans maintain a small majority in the HoR and thus the Speaker of the HoR is a Republican.  
  • Republicans gain a net two seats in the Senate thus taking a 51-49 majority and appoint a Republican as President Pro Tempore of the Senate.  
  • Biden's condition deteriorates to the point that it becomes completely indefensible so Harris and the Cabinet invoke Section 4 of the 25th Amendment.  Then either Biden doesn't contest it, or he does and both houses of Congress vote by a 2/3 majority that Biden is in fact incapacitated and thus Harris assumes the duties of the President but she does NOT actually become President and there is NO vacancy in the office of VP to be filled.  
  • Harris is struck by lightning and dies.  
Hypothetical version 2 (switching parties just to clearly demonstrate that this could go either way):
  • The Trump/????? ticket wins election.  
  • Democrats gain enough seats to take a small majority in the HoR and thus the Speaker of the HoR is a Democrat.  
  • Democrats maintain a small majority in the Senate and thus Democrat Chuck Schumer continues to serve as President Pro Tempore of the Senate.  
  • Trump suffers a debilitating stroke but survives as a vegetable (somewhat similar to the question you mentioned of what if Kennedy had survived Dallas as a vegetable).  
  • Trump's VP is struck by lightning and dies.  

If our reading of this is right, then either scenario above would result in the Speaker of the HoR assuming the powers and duties of the office of President and in both of those scenarios the Speaker of the HoR would be from the other party.  

Either of these would cause a partisan shift in control of the "powers and duties" of the office of President.  In my opinion this outcome should be avoided for several reasons:
  • It creates a partisan motive to kill the VP, and
  • It creates partisan motivations for the members of Cabinet and Congress when deciding on the President's incapacity, and
  • It fails to reflect the will of the voters.  If they voted for an R, that R should be replaced by an R and if the voted for a D that D should be replaced by a D if the need arises.  


medinabuckeye1

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Re: Does Joe Biden have the Mental Capacity to be the President of the US?
« Reply #344 on: July 09, 2024, 02:34:44 PM »
The hole the Biden campaign is in is that the second debate MUST happen or it's a PR victory for Trump. The entire country saw [and/or talked about] the mess that Biden was in the first debate. If he ducks out of the second debate, what possible spin can there be other than he's afraid to be exposed, AGAIN, on that stage.

If Biden remains in the race, he MUST debate, and he MUST do well, or he might lose in a fashion resembling Mondale in '84. 
I agree.  I think (per discussion upthread) that he could have gotten away with ducking the debates completely but after what happened in the first one, not showing up for the second one would be a catastrophe.  

847badgerfan

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Re: Does Joe Biden have the Mental Capacity to be the President of the US?
« Reply #345 on: July 09, 2024, 02:36:17 PM »
I agree.  I think (per discussion upthread) that he could have gotten away with ducking the debates completely but after what happened in the first one, not showing up for the second one would be a catastrophe
It is that either way.

It's not gonna happen at 9PM. No way "they" allow that.
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betarhoalphadelta

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Re: Does Joe Biden have the Mental Capacity to be the President of the US?
« Reply #346 on: July 09, 2024, 02:40:42 PM »
It is that either way.

It's not gonna happen at 9PM. No way "they" allow that.
It's currently a catastrophe. If he debates again, he has the "chance" to salvage it. If he can show up and talk like a coherent person. 

The bar is low, but I think he'll still trip over it.

medinabuckeye1

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Re: Does Joe Biden have the Mental Capacity to be the President of the US?
« Reply #347 on: July 09, 2024, 02:44:01 PM »
This is not a thread about Donald Trump, but he's been very quiet lately.
This is a REALLY interesting point.  

I also find it interesting that your comment was in response to this:
If Trump could magically start sounding rather sane and boring and uneventful, he'd have it nearly in the bag.  Coachspeak.

But, he won't.
Emphasis added.  

@Cincydawg may be right but I'll come right out and say what @847badgerfan hinted at:  He has so far.  

There is an old saying in Politics that says "When your opponent is hanging themselves, don't get in the way."  Trump has made a multitude of political errors and it would seem more like him to come out swinging at Biden in this situation but Badge makes a good point.  He has been almost eerily quiet.  

In the realm of political strategy, Trump's relative silence is ABSOLUTELY the best course of action.  Right now the country (see this board for example) is discussing Biden's fitness and mental capacity.  Trump wins from that conversation.  Anything he does or says could distract from that so the best course for him right now is to STFU and he surprisingly has.  

The other risk for Trump at this point is that coming out swinging at Biden NOW just looks brutish.  Lots of us have had elderly parents or other relatives that went through something similar to what it appears that Biden is going through.  Both Cenk Ungar and Jon Stewart referenced that fact.  I think those of us that have been there wouldn't want someone with the mental issues that we saw our loved ones go through to be POTUS, but we also wouldn't want some bully to humiliate them so for Trump to go on the attack would likely generate a backlash of sympathy for Biden.  

Cincydawg

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medinabuckeye1

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Re: Does Joe Biden have the Mental Capacity to be the President of the US?
« Reply #349 on: July 09, 2024, 02:45:40 PM »
It is that either way.

It's not gonna happen at 9PM. No way "they" allow that.
I think they are kinda stuck.  

At this point Biden NEEDS the second debate a whole lot more than Trump does so there is no reason for Trump's camp to allow any leeway.  

 

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