House Democrats, on Friday Oct. 9th, Unveiled Legislation Creating a Panel to Gauge a President's Capacity to Perform the Job, and Potentially Remove the Commander-in-Chief from Office in Cases of Decided Debility.
The Commission would be Permanent, applying to Future Administrations, but it's a Clear Shot at Trump, whose Treatments for Coronavirus have raised Questions about their Effects on his Mental Acuity.
House Speaker Nancy Pelosi (D-CA, 12th District) has Fueled those Questions in the the Days since Trump Returned to the White House after Three Nights in the Hospital, floating the idea that Trump's Drug Regimen, which includes a Steroid linked to Mood Swings, might be Affecting his Decisionmaking. "The president is, shall we say, in an altered state right now," the Speaker said.
The Democrats' Legislation Invokes the 25th Amendment, which Empowers Congress to Create "a body" which, working with the Vice President, can Remove a President deemed "unable to discharge the powers and duties of his office."
Sponsored by Rep. Jamie Raskin (D-MD, 8th District), a Former Professor of Constitutional Law, the Bill would create a 17-Member Panel charged with Judging the President's Fitness, and Empowered to Remove that Person when Deficiencies are Determined. In such a Case, the Vice President would Take Over. "This is not about President Trump; he will face the judgment of the voters. But he shows the need for us to create a process for future presidents." Pelosi said.
The Proposal has No chance of being Enacted, with Congress on Recess and the Senate and White House currently Controlled by Republicans. Indeed, GOP Leaders have already Dismissed it as a Political Stunt. "Look, that's absurd. Absolutely absurd. Again, right here in this last three weeks before the election, I think those kinds of wild comments should be largely discounted." said Senate Majority Leader Mitch McConnell (R-KY).
But the Bill marks another effort by Democratic Leaders to Energize their Base ahead of the Nov. 3rd Elections, while Feeding Accusations that Trump, already under Fire for his Fitful Response to the Coronavirus Pandemic, has become Increasingly Erratic under Treatment for his own Case of COVID-19.
"Why is the White House not telling the country that important fact about how this spread and made a hot spot of the White House?" she asked.
Ratified in 1967 in Response to the Assassination of President John F. Kennedy, the 25th Amendment allows for the President to Cede the Authority of the Office Voluntarily when "he is unable to discharge the powers and duties of his office."
In such a Case, the Vice President assumes the Powers of the Presidency. That Scenario occurred Twice under President George W. Bush, who Transferred Power briefly to Vice President Dick Cheney in 2002 and again in 2007. Bush was undergoing Colonoscopies in both Cases.
But the 25th Amendment also Empowers other Washington Policymakers to Usurp the President's Powers Involuntarily when Questions of those same Incapacities arise. In such Cases, the Vice President can Join Forces either with a Majority of the Administration's Top Cabinet Officials or with "such other body as Congress may by law provide." Such a Body has Never been Created. Raskin's Bill would do so.
Under Raskin's Bill, the New Panel, dubbed the Commission on Presidential Capacity to Discharge the Powers and Duties of Office, would feature 17 Members: Four Physicians; Four Psychiatrists; and Eight Former High-Ranking Executive Officials, to be Chosen from a Pool of Former Presidents, Former Vice Presidents, Former Surgeon Generals. and Former Heads of the State, Treasury, Defense, and Justice Departments. Those 16 Figures would be Decided by the Bipartisan Leaders of both Chambers of Congress. A 17th Member would be Named by the other 16.
NYC Wins When Everyone Can Vote! Michael H. Drucker
