It might not be a problem, but it could be. That is not necessarily conducive to the best decision-making. The president exercises a powerful hold over his Cabinet and over the vice president. … We can see from the Trump presidency the wisdom of creating a congressional body as well as having an executive body to consider the situation. The authors of the 25 th Amendment wanted to make sure that all of the decision-making did not rest exclusively in the executive branch. I Noticed Something Strange at Donald Trump’s Arraignment in a D.C. Trump’s Best Legal Defense Has a Fatal Flaw Jack Smith’s Indictment of the Entire Legal Profession Trump Will Be the Most Important Case in Our Nation’s History Why can’t the Cabinet just take care of this COVID-19 situation, instead of the commission? The body could request a complete physical checkup, for example. 1987, which was the version that I drafted in the last Congress, and you’ll find that the body would have the authority to conduct an exam of the president. Judgment calls need to be made all along the spectrum.Ī reason to have such a body is that there would be medical authorities and wise government officials caucusing to make those decisions. Someone who has mild symptoms can execute the powers and duties of office, but someone who is on a ventilator obviously cannot. The standard is whether the president can execute the powers and duties of office or not. That does create the possibility that if the president takes a dramatic turn for the worse, God forbid, then the vice president and a Cabinet majority, or vice president and a congressional body appointed for these purposes, would have to act. At least as of now he has not decided to do that. That’s accomplished by letter, and then the president can revoke it by letter whenever he wants as well. It might’ve been wiser for the president to make the decision when he first got the diagnosis to temporarily transfer powers over to the vice president. Jamie Raskin: The 25 th Amendment places a premium on political stability and continuity. Such a step may be necessary if a president suddenly becomes unconscious or faces some other debilitating health emergency.Īaron Mak: What do you think the 25 th Amendment says about how we should be thinking about the president’s illness right now? Section 4, which has never been invoked, spells out how the vice president and a Cabinet majority can initiate a power transfer without the president’s consent if they attain a two-thirds majority vote in both chambers of Congress. Bush handed power over to Dick Cheney in 20 before going under anesthesia for a colonoscopy. This has typically occurred when a president is undergoing a medical procedure for example, George W. Section 3 stipulates procedures for a president to voluntarily transfer their powers to the vice president and then reclaim them at a later date. Kennedy’s assassination, spells out a few different ways that authority can move from the president to the vice president in times of crisis. Donald Trump’s COVID-19 infection and subsequent hospital stay have elicited sudden and urgent interest in the 25 th Amendment, a provision that outlines procedures for succession should the president become incapacitated or otherwise unable to fulfill the duties of the office.
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