Can the President delegate Presidential responsibilities and powers to others unilaterally? Can he do it implicitly by not complaining (as you are suggesting)?

Can a President give all Presidential powers to a 3rd party? Can that 3rd party be a termed out President? Can it be a foreign national?

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Posted by LSUFAITHFUL2

Member since Feb 2024

151 posts

Posted on 3/10/25 at 4:28 pm to SlowFlowPro

The 25th Amendment sets forth the procedures for the VP and/or his cabinet to declare the President incompetent (and if disputed) the procedure for Congress to decide.

This is like the procedure for interdiction in LA…which is the procedure to have someone deemed incompetent.

Just because someone doesn’t invoke that procedure, doesn’t mean that they were competent. That would be like saying just because no one interdicted your dad (with Alzheimer’s) a contract is enforceable that you signed on behalf of your dad. That’s not the law and the contract would not be enforceable.

The cabinet can’t just start signing shite for him, simply because they didn’t invoke the 25th amendment.

If he’s not competent and other people signed the documents, that is fraud and these actions wouldn’t be enforceable.

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Posted by LSUFAITHFUL2

Member since Feb 2024

151 posts

Posted on 3/10/25 at 4:50 pm to SlowFlowPro

quote:
Outside of that reversal, it's hard to argue the will of the office was not done. That's why that argument is difficult to make that the incompetency becomes the focus.

If he was incompetent (undisputed) and other people are signing documents…there’s no way to know if “the will of the office” was effectuated because it’s the President’s decision alone on whether he signs EOs or bills. It’s not an entire office decision.

The fact that his cabinet didn’t invoke the 25th doesn’t change the fact that they can’t sign documents on his behalf.

You are conflating two issues…the procedure for having the president declared incompetent and the fact that the president is the only person that can sign bills and EOs.

If other people were signing EOs and bills those actions cannot be valid whether the President is competent or not.

The reason the cabinet was signing stuff and not getting caught was because he was incompetent, but that doesn’t change the fact that they don’t get to just step into his shoes and sign whatever they want.

If a President is incompetent his VP and Cabinet have two options:

1. Invoke the 25th
2. The Office of the President comes to a halt. No EOs signed. No bills.

There is no constitutional basis for them just start forging his signature.

The fact that you would even argue that because no one invoked the 25th anything anyone signed on behalf of the President without his knowledge or capacity is legal is pure insanity.

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