WASHINGTON, D.C. – This week, U.S. Representative Greg Stanton (AZ-04) helped introduce legislation that would stand up an independent, nonpartisan commission under the 25th Amendment to ensure effective and uninterrupted leadership of the United States amid growing concerns about President Trump's capacity to carry out the responsibilities of the office.
Section 4 of the 25th Amendment empowers Congress to establish a permanent “body” that, with the concurrence of the Vice President, can declare that the President is “unable to discharge the powers and duties of his office.” Although the 25th Amendment was adopted more than 50 years ago, Congress never set up this body called for in Section 4.
The bill, led by Ranking Member of the House Judiciary Committee Rep. Jamie Raskin (MD-08), would establish the nonpartisan Commission on Presidential Capacity to Discharge the Powers and Duties of Office. This means the Vice President could act either with a majority of the Cabinet or a majority of this body in the event of a 25th Amendment crisis.
“The President’s age, health, and increasingly erratic conduct are raising serious questions about his capacity to carry out his duties,” Stanton said. “The Constitution explicitly created a process to handle concerns about presidential incapacity. It is a matter of national security for Congress to fulfill its responsibilities under the 25th Amendment.”
Under the legislation, the Speaker of the House, House Minority Leader, Senate Majority Leader, and Senate Minority Leader will each select four retired statespersons from the Executive Branch (such as former Presidents, Vice Presidents, Attorneys General and Surgeons General, Secretaries of State, Defense, and Treasury) to serve on the Commission.
Additionally, the Democratic and Republican leaders of each chamber will select four physicians and four psychiatrists to serve on the Commission. The 16 appointed members then select a 17th member to act as the Chair of the Commission. In order to avoid conflicts of interest and both civilian and military chain of command issues, none of the members can be current elected officials, federal employees, or members of the active or reserve military.
In emergency situations, Congress could pass a concurrent resolution directing the commission to evaluate the President’s condition and report its findings. If the commission determines that the President is unable to serve, the Vice President would immediately assume the role of Acting President, consistent with the 25th Amendment.
Although Section 4 of the 25th Amendment has not been invoked yet, other provisions of the Amendment have been in the past. For example, when Presidents Ronald Reagan and George W. Bush underwent medical procedures, they notified Congress and temporarily delegated presidential authority to their Vice Presidents.
Bill text is available HERE.
An overview of the legislation and background on the 25th Amendment is available HERE.
FAQs are available HERE.