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RE: 25th Amendment
https://www.poynter.org/fact-checking/2020/house-democrats-new-bill-on-the-25th-amendment-explained/
OCT, 2020
House Democrats new bill on the 25th Amendment, explained
Its doubtful the Republican-led Senate will move on the bill, so its unlikely to become law anytime soon.
*The Constitutions 25th Amendment, ratified in 1967, governs presidential succession and the transfer of power from an incapacitated president.
*Part of the amendment says a vice president and a majority of the Cabinet can declare that a president is unable to discharge the powers and duties of his office. It also says Congress can appoint a group in place of the Cabinet to make the same declaration.
*House Democrats introduced a bill to create a new body that would take over the role of the Cabinet accordingly. It would not grant Congress the ability to invoke the 25th Amendment.
*Its doubtful the Republican-led Senate will move on the bill, so its unlikely to become law anytime soon.
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House Speaker Nancy Pelosi, D-Calif., and Rep. Jamie Raskin, D-Md., unveiled a bill Oct. 9 to establish a commission that could be tasked with determining if a president is no longer fit for office.
The bill from Raskin, a former constitutional scholar, comes on the heels of President Donald Trumps Oct. 2 announcement of his positive COVID-19 test. T
he bill would create what would be known as the Commission on Presidential Capacity to Discharge the Powers and Duties of the Office in accordance with the 25th Amendment to the Constitution.
The commission would not have the unilateral power to invoke the 25th Amendment and kick Trump or any future president out of the White House. Pelosi and Raskin insisted in a press conference that the move was unrelated to the election less than a month away.
This is not about President Trump, said Pelosi. He will face the judgment of the voters. But he shows the need for us to create a process for future presidents.
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Interesting knowledge to have on hand when discussing the process of the 25th Amendment.
The most Pelosi & Raskin could do within the powers of their office, is to appoint a seperate commission, though it is clear that McConnell's Senate would never let this see the light of day.
I believe this new commission would be useful for the future, should the opportunity be ours if we vote ourselves a 2020 trifecta.
This brings another opportunity to set powers to examine the feasibility of the 25th should it be necessary someday. *Such as, in the incapacitation of the President by, perhaps Covid-19 debilitation.*
Right now however, the 25th Commission as well as the 25th as it currently is stated, is stoppped from even being addressed by the GOP majority.
And yes, as with Pelosi & Raskin, any creation of policy protections for our US Govt, relies on a vast experience & knowledge of Constitutional Law.
Grateful we have both the experienced & Constitutionally educated leaders making inroads towards Building Back a Better & more sound system.
I am grateful that such an enormous task is in the capable hands of our experienced Democratic Leaders.
💙👍
Hypothetical: trump steals election
Senate is won by Democrats.
House stays in hands of Democrats.
Hmm, do I even have to articulate what would happen?
Budi
(15,325 posts)That took some foresight to put this new bill together.
A Dem Senate & House changes everything & armed with this handy bill, well all I can say is Thank you Speaker Pelosi & Rep Raskin
Me.
(35,454 posts)Budi
(15,325 posts)And a solid background in Policy & Constitutional Law.
Both Pelosi & Raskin brought the worth of their many years in this business.
Applause to both ~ 💙