House Democrats are laying the groundwork to potentially remove Trump in the future after they capture the majority. The legislation that was unveiled would be a step forward in clarifying the process that is detailed in Article 4 of the 25th Amendment.
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According to a statement from the House Judiciary Committee Democrats:
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 Office, the body and process called for in Section 4 of the 25th Amendment to the U.S. Constitution to enable Congress to ensure effective and uninterrupted leadership in the presidency. This body is the legislative counterpart to 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 occur.
Section 4 of the 25th Amendment empowers Congress to establish a permanent “body” that, with the concurrence of the Vice President, can declare that the President is “unable to discharge the powers and duties of his office.” Although the 25th Amendment was adopted more than 50 years ago, Congress never set up 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 Office. This means the Vice President could act either with a majority of the Cabinet or a majority of this 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/her ability to execute the powers and duties of the office, and report its findings to Congress. If presidential incapacity exists according to the Vice President and a majority of the Commission, the Vice President would immediately assume the role of Acting President.
The legislation is massively important.