Just in case you want to see how the Senate operates, and if there are any rules regarding member incapacity, here are the Rules of the Senate: http://www.senate.gov/legislative/common/briefing/Standing_Rules_Senate.htm
I could find no rule that touches on a members ability to carry out his or her duty. Anyone who has watched the Senate, or the House for that matter, is painfully aware that there are no rules against incompetence, be it medical, intellectual, or moral.
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Yep, the only provision forcing a senator to step down is his/her own death. Otherwise, the only other way a senator can leave before the end of the term is to decide to resign. (NPR 12/15)
As for upholding duties, this is straight from the senate rules:
OATH REQUIRED BY THE CONSTITUTION AND BY LAW TO BE TAKEN BY SENATORS
"I, A__ B__, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic;
Notice that it says Constitution, not President, which makes it even more vexing that Congress to this point has been trying to rewrite laws to cover President Bush's obvious flouting of existing ones.
That does it. I'm writing in "Quinn" next time I vote for President.
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