Fifty House Democrats led by Rep. Jamie Raskin (D-MD) have sponsored a bill that would form a commission to assess President Donald Trump's mental fitness for office, pursuant to the 25th Amendment to the U.S. Constitution.
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.
Remember that the president can only serve two terms. A VP becoming president is considered to have a full term if they work two years and 1 day. So there’s your metric of when you would want this to happen.
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?
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.
That is not completely accurate:
Congress can, indeed, create a commission that serves as a substitute to the cabinet for 25th amendment purposes.
Doesn’t this mean that Vance would need to approve it as well?
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.
So the prize for removing Trump is empowering Vance. Is he more or less likely to nuke Iran?
Much less.
Nobody likes Vance. He was tapped for VP because he posed no apparent threat to 47. He can’t hold the MAGAt personality cult together.
He’s an asshole and a piece of shit but he seems much more rational than Trump, at the very least.
Remember that the president can only serve two terms. A VP becoming president is considered to have a full term if they work two years and 1 day. So there’s your metric of when you would want this to happen.
Wouldn’t that still include at least 6 years and 1 day of Vance?
6 years minus a day. But that’s still better than 8 years.
Seems sad that things could get to either of those points.
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.
This commission is the “some other body” that Democrats in “Congress may by law provide.”
They don’t need “some other body” because it already empowers Congress.
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.