Earlier today, House Speaker Nancy Pelosi teased a press conference tomorrow: “We will be talking about the 25th Amendment.”
Anyone who has been following Donald Trump’s tweets lately, even in the most desultory way, has to have wondered what that amendment has to say about mental capability. Trump is recovering from covid-19, which is known to affect mental processes in some cases, and is taking dexamethasone, a steroid which is known to affect mental processes.
Details are coming out.
.@SpeakerPelosi and @RepRaskin to introduce legislation tomorrow to establish a commission under the #25thAmendment charged with evaluating the president's mental and physical capacity. pic.twitter.com/0BOMBujj8B
— Christine Pelosi (@sfpelosi) October 8, 2020
The relevant part of the 25th Amendment is Section 4:
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.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days 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. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
The Vice President is necessary to declare that the President is unable to discharge the powers and duties of his office. But Congress has a role too. If Vice President Mike Pence finds it unseemly to initiate action to declare the President incapable, the House is generously offering to investigate the situation and provide cover if necessary.
At any rate, the Commission’s hearings should be interesting.
Open thread!