• stoly@lemmy.world
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    9 days ago

    Congress doesn’t use the 25th amendment, it’s the president’s cabinet.

    • Rivalarrival@lemmy.today
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      9 days ago

      That is not completely accurate:

      Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

      Congress can, indeed, create a commission that serves as a substitute to the cabinet for 25th amendment purposes.

        • Rivalarrival@lemmy.today
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          9 days ago

          Yes. The 25th explicitly requires the involvement of the VP.

          It could be argued that the Speaker of the House could do it if the VP position were vacant, but the 25th does not explicitly consider that situation.

      • UnderpantsWeevil@lemmy.world
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        9 days ago

        Congress can, indeed, create a commission

        Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office

        Nothing in here about a commission. A Congressional majority could just announce the President unfit and kick power over to the VP immediately.

        Obviously, Republicans aren’t going to agree with this. Obviously, JD Vance is a fucking hack who would continue the atrocities. That’s why Dems needed to block the 2026 NDAA back in December when they had leverage over the Pentagon’s budget. Now they’ve already rubber stamped the checks and there’s little left to obstruct or apply leverage against.

        But this just illustrates why “Forming a Commission” is bullshit. Is this really their plan for 2027? Spend a year fucking around on a vote to form a committee to research a bill to have another vote? So they can maybe hand JD Vance the keys to the White House? Assuming some dissident Fetterman tier Senator doesn’t spike it while drapping himself in an Israeli flag?

        Pathetic.

        • pfried@reddthat.com
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          9 days ago

          This commission is the “some other body” that Democrats in “Congress may by law provide.”

          • UnderpantsWeevil@lemmy.world
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            9 days ago

            This commission is the “some other body”

            They don’t need “some other body” because it already empowers Congress.

            • Rivalarrival@lemmy.today
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              7 days ago

              Impeachment action is limited to “Treason, Bribery, or other high Crimes and Misdemeanors”.

              Impeachment is not permitted for simple incompetence.

              Congress is only empowered to remove the president by convicting him of a criminal act. Congress does not have the power to remove the president for dementia. Dementia is not a “high crime” or “misdemeanor”.

              To remove the president for dementia (or simple incompetence or other non-criminal disqualification) requires the 25th amendment. The VP needs the support of either the majority of the cabinet, or a majority of “some other body” that Congress has established for the purpose.

      • BygoneNeutrino@lemmy.world
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        9 days ago

        I’m pretty sure their purpose is to stall the public until the Republicans can win an election. If a wealthy person just happened to be born in a Democrat state, then that is the ticket they run on. I’d love to find out how many of them have family and friends that are all conservative.