Pelosi to introduce legislation related to the 25th Amendment

Charlie24

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JimR-OCDS

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According to Rush, it's for Biden. They want to push him out of the way and let the most liberal of all Senators take the reins.

God help us!

The fact that she's doing this during the election, should be a warning to American voters who'll vote for Biden.

You're not voting for Biden, but for Harris and the radical left who'll tell Biden what to do until he's removed from office
 
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Arc F1

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FreeinChrist

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It is explained well in this article:

Pelosi unveils 25th Amendment bid, but says it’s not about Trump: ‘He will face the judgment of voters’ | KTLA

House Speaker Nancy Pelosi unveiled legislation Friday that would allow Congress to intervene under the 25th Amendment to the Constitution to remove the president, insisting it’s not about President Donald Trump but inspired by the need for greater congressional oversight of his White House.

Pelosi has been raising questions about Trump’s mental fitness since his COVID-19 diagnosis and demanding more transparency about his health. The bill would set up a commission to assess the president’s ability to lead the country and ensure a continuity of government. It comes one year after Pelosi’s House launched impeachment proceedings against Trump.....

The legislation that would create a commission as outlined under the 25th Amendment, which was passed by Congress and ratified in 1967 as a way to ensure a continuity of power in the aftermath of President John F. Kennedy’s assassination.

It says the vice president and a majority of principal officers of the executive departments “or of such other body as Congress” may by law provide a declaration to Congress that the president “is unable to discharge the powers and duties of his office.” At that point, the vice president would immediately assume the powers of acting president.

“Let Congress exert the power the Constitution gave us,” Pelosi said Friday standing before a poster of the amendment.

This isn't about Biden, assuming Biden wins. It is about the need to deal with future presidents who are questionably able to do their job.

Something like this should have been done back in 1919, when Woodrow Wilson suffered a stroke (actually his fourth) involving one whole side. His doctor refused to sign a disability statement and they hid how bad it was.
 
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JimR-OCDS

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House Speaker Nancy Pelosi unveiled legislation Friday that would allow Congress to intervene under the 25th Amendment to the Constitution to remove the president, insisting it’s not about President Donald Trump but inspired by the need for greater congressional oversight of his White House.

And right there would be a violation of the separation of powers between the Legislature and Executive Branch.

As I understand it, the 25th Amendment currently can only be brought to Congress by the members of the President's Cabinet, not by the House Speaker.

If Pelosi misused the amendment as it appears she wants to do, it would allow for any Speaker of the House to try to remove a president of the opposing party. It be worse than when she and Adam Schiff impeached Trump for political purposes.
 
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civilwarbuff

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This isn't about Biden, assuming Biden wins. It is about the need to deal with future presidents who are questionably able to do their job.
Well, this is an awfully suspicious time to introduce such legislation.....I mean since it isn't about getting rid of Trump or over throwing Biden (wink, wink).
 
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Well, this is an awfully suspicious time to introduce such legislation.....I mean since it isn't about getting rid of Trump or over throwing Biden (wink, wink).

Not suspicious when Trump has Covid, and behaves so irresponsibly.
 
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hedrick

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I think this proposal won’t go anywhere. And I’m not sure it should. As I read the 25th, it requires the VP to state that the president is incapacitated. At that point the principal officers of the executive depts or such other body as congress defines had to agree. Pelosi seems to suggest that congress should pick a different body. That congress isn’t that body is clear from the followup.

It might actually make sense to have a nonpartisan group replace the cabinet for this purpose, if we can define a way to chose one. But the VP has to initiate the process. In the current situation that won’t happen no matter who the other group is. If the situation is extreme enough that the VP acts, I’d guess either the cabinet or a nonpartisan group would agree. If the VP tries to abuse it, it’s hard to know which group would be more likely to stop them. It would likely depend upon the specific politics at the time.

note that if the president thinks he is competent, he can say so, and congress decides. So for an abuse to stand, the VP, the cabinet or some other body, and both houses of congress by two thirds votes must agree. So this is harder to do than impeachment if the president objects.
 
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FreeinChrist

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House Speaker Nancy Pelosi unveiled legislation Friday that would allow Congress to intervene under the 25th Amendment to the Constitution to remove the president, insisting it’s not about President Donald Trump but inspired by the need for greater congressional oversight of his White House.

And right there would be a violation of the separation of powers between the Legislature and Executive Branch.

As I understand it, the 25th Amendment currently can only be brought to Congress by the members of the President's Cabinet, not by the House Speaker.

If Pelosi misused the amendment as it appears she wants to do, it would allow for any Speaker of the House to try to remove a president of the opposing party. It be worse than when she and Adam Schiff impeached Trump for political purposes.

The determination would be made by -
https://www.washingtonpost.com/outl...e6ceb0-08de-11eb-a166-dc429b380d10_story.html

" A question does remain about whether acting Cabinet officials — those not confirmed by the Senate, as such — could participate, but there is no doubt that “principal officers” refers only to the heads of the 15 federal departments designated in 5 U.S.C. § 101. Congressional committee reports and debates, as well as a 1985 opinion of the Justice Department’s Office of Legal Counsel, affirm this interpretation."​

Acting Cabinet ministers would not necessarily be able to vote on it.
The Speaker does have a role. The constitution does include:

Pelosi thinks that a commission should be involved and have a say.

I doubt that it goes anywhere, but this isn't about Biden as suggested in the OP.
 
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JimR-OCDS

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The determination would be made by -
https://www.washingtonpost.com/outl...e6ceb0-08de-11eb-a166-dc429b380d10_story.html

" A question does remain about whether acting Cabinet officials — those not confirmed by the Senate, as such — could participate, but there is no doubt that “principal officers” refers only to the heads of the 15 federal departments designated in 5 U.S.C. § 101. Congressional committee reports and debates, as well as a 1985 opinion of the Justice Department’s Office of Legal Counsel, affirm this interpretation."​

Acting Cabinet ministers would not necessarily be able to vote on it.
The Speaker does have a role. The constitution does include:

Pelosi thinks that a commission should be involved and have a say.

I doubt that it goes anywhere, but this isn't about Biden as suggested in the OP.

The Cabinet members don't have a vote to remove the president, but bring their request to invoke the 25th Amendment to Congress.

For the Speaker of the House to try and invoke the 25th without the cabinet members requesting it, would be a violation against the separation of powers between the Legislative Branch and the Executive Branch.
 
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Although do we want to go into the sort of situation that occurred after President Wilson has his stroke? His wife Edith pretty much ran the country for the remainder of his term.
 
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Although do we want to go into the sort of situation that occurred after President Wilson has his stroke? His wife Edith pretty much ran the country for the remainder of his term.

The 25th Amendment didn't exist when Wilson was president.

Today, the cabinet members who all agree can go to Congress and request that the 25th be invoked.
 
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The 25th Amendment didn't exist when Wilson was president.

Today, the cabinet members who all agree can go to Congress and request that the 25th be invoked.
Yes I know that. I didn’t say it was in effect back then, I just said that we don’t ever want to have that situation again.
 
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The Cabinet members don't have a vote to remove the president, but bring their request to invoke the 25th Amendment to Congress.

For the Speaker of the House to try and invoke the 25th without the cabinet members requesting it, would be a violation against the separation of powers between the Legislative Branch and the Executive Branch.
Agreed.
 
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