The Democrats in the House of Representatives are laying the groundwork to possibly impeach Trump in the future after they have won the majority. The legislation unveiled would be a step forward in clarifying the process outlined in Article 4 of the law 25th Amendment.
According to a statement from House Judiciary Committee Democrats:
Representative Jamie Raskin, ranking member of the House Judiciary Committee, introduced legislation establishing a Commission on Presidential Capacity to Discharge the Powers and Duties of the Office, the body and process called for by Section 4 of the 25th Amendment to the United States Constitution to enable Congress to ensure effective and uninterrupted leadership in the presidency. This body is the legislative counterpart of the Cabinet and would have the power to work with the vice president. Essentially, the 25th Amendment gives us a constitutional response to any medical crisis that might arise.
Section 4 of the 25th Amendment gives Congress the power to establish a permanent “body” that may, with the concurrence of the Vice President, declare the President “unable to discharge the powers and duties of his office.” Although the 25th Amendment was passed more than 50 years ago, Congress never created this body called for in Section 4. Ranking Member Raskin’s bill establishes this independent, nonpartisan body: the Commission on Presidential Capacity to discharge the powers and duties of the office. This means that the vice president can act with a majority of the Cabinet or with a majority of this body in the event of a 25th Amendment crisis.
In emergency situations, Congress could adopt a concurrent resolution requiring the Commission to investigate the President, determine his/her ability to discharge the powers and duties of the office, and report its findings to Congress. If, in the opinion of the Vice President and a majority of the Commission, there is presidential incapacity, the Vice President would immediately assume the role of acting President.
The legislation is extremely important.
