House Democrats are laying the groundwork to potentially impeach Trump in the future after gaining a majority. The legislation unveiled would be a step forward in clarifying the process detailed in Article 4 of the 25th Amendment.
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According to a statement from Democrats on the House Judiciary Committee:
Rep. Jamie Raskin, ranking member of the House Judiciary Committee, introduced legislation establishing a Commission on Presidential Capacity to Discharge the Powers and Duties of His Office, the body and process called for in Section 4 of the 25th Amendment to the U.S. Constitution to enable Congress to provide effective and uninterrupted leadership of 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 answer to any medical crisis that might arise.
Section 4 of the 25th Amendment authorizes Congress to create a permanent “body” that, with the consent of the vice president, can 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 creates this independent, nonpartisan body: the Commission on Presidential Capacity to Discharge the Powers and Duties of Office. This means that the vice president could act with either a majority of the Cabinet or a majority of that body in the event of a 25th Amendment crisis.
In emergency situations, Congress could pass a concurrent resolution requiring the Commission to examine the President, determine his ability to execute the powers and duties of his office, and report its findings to Congress. In the event of presidential incapacity according to the Vice President and the majority of the Commission, the Vice President would immediately assume the role of Acting President.
THE legislation is extremely important.