• 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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          8 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.