Rep. Jamie Raskin (D-Md.) earlier this year introduced a bill that proposes to create a congressional “oversight” panel to investigate whether or not Trump is “incapacitated.” If the panel declares Trump mentally unable to carry out the duties of his office, then they can remove him from office.Be careful what you wish for...
Except there’s only one caveat: they would need Vice President Mike Pence’s approval.
The 25th Amendment was ratified in 1967 in response to the assassination of President John F. Kennedy and several other medical crises with prior presidents. The amendment establishes the presidential line-of-succession, procedures for filling a vice presidential vacancy and what to do when the president becomes “incapacitated.”
Section 4 of the 25th Amendment allows a majority of the president’s Cabinet, along with the vice president, to determine the president is “unable to discharge the powers and duties,” then provide that determination in writing to Congress resulting in the president being dismissed from office. This is the only section of the 25th Amendment that has never been used.
But Raskin’s bill highlights some largely overlooked language in Section 4 of the 25th Amendment. In addition to a majority of the president’s Cabinet, the amendment also allows a majority of Congress to reach the same conclusion to remove the president — along with the vice president’s approval, still.
In either of these cases, once the president is determined to be “incapacitated,” the vice president immediately becomes acting president.
Saturday, July 01, 2017
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