Did anyone else see the season ending shocker on The West Wing last night? Even I, an amateur Constitutional scholar, didn’t see that one coming. Last night’s episode is why The West Wing continues to be the best 45 minutes of drama on television, cable or otherwise! Of course the Law & Order series comes in a close second, but the ensemble (writers, directors, and actors) of The West Wing keep me clued to the screen from the opening dramatic theme song (it moves me every time) to the close of the show.

Now the question on everyone mind will be how easy will it be for Bartlett to regain the Oval Office next season. On its face, the wording of the 25th Amendment would seem to suggest that it would be and easy enough task to accomplish, to wit, section 3 & 4 of the Amendment state:

Section 3.
Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

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. U.S. CONSTITUTION, amend 25, Sections 3 & 4.

All Bartlett need do is sign a piece of paper declaring himself fit for office once again, and the deed is done. But something tells me, that the Republican Speaker of The House, portrayed to perfection by John Goodman will not give up the trapping of the Oval Office that easily. Not to mention that in real life such a scenario has never played itself out; no President has ever faced the choices Bartlett had to face last night.

After the show the spouse and I lamented which past President would have had the character or devotion to duty, honor, and country to do what Bartlett did? I said Kennedy and Carter, and perhaps Ford would; she agreed on Carter. And would Bush faced with a similar situation today have the forethought, courage, and wisdom to invoke the 25th? Neither of us thought Bush capable of such a selfless act; sadly he lacks the character, intelligence, and wisdom.

Next season should be very interesting indeed. And I start Constitutional Process next year in Law School…very interesting indeed.