Rep. Jamie Raskin's Twenty-Fifth Amendment Legislation Is Long Overdue Says Tamara Zwinak, House Candidate

The Twenty-fifth Amendment to the U.S. Constitution specifies when a President may transfer power to the Vice President and under what circumstances.  Section 4 of the amendment provides for the Vice President and Congress to convene for the purpose of transferring power when the President is unable to do so.  

There is no doubt Congress has power to act under the Twenty-fifth Amendment. America must be prepared to transfer power when a President is unable or unwilling, due to incapacity, to perform the duties of office and transfer power voluntarily.

Setting up a process to engage the powers of Congress and the Vice President under the Twenty-fifth Amendment is apolitical. Our national security depends on the President's fitness. 

The President may not refuse to submit to an independent fitness for duty examination.

The President is not a private person. He is a public servant required to be fit for duty 24 hours a day. All public servants, and especially the President, has a duty to submit to a fitness examination when deemed necessary. 

When the President takes the oath of office, he or she clearly commits to protecting and defending our democracy and when he or she is unable to do this because of incapacity, the very refusal to submit to an examination is evidence of incapacity.  Under these circumstances an examination may take place involuntarily. 

There are a multitude of circumstances that may lead to the requirement under the Twenty-fifth Amendment to the US Constitution to invoke Section 4, among them, injury, illness, infection, intoxication and insanity. 

In our increasingly dangerous world and during this life threatening pandemic that can incapacitate, during and after recovery, Congress must have a process in place to transfer power when it is permitted by the Constitution. In fact, Congress has a duty to take the necessary action to ensure a smooth transition of power to the Vice President; or Speaker of the House, in the event both the President and Vice President are incapacitated; in order to maintain the stability of government; safety of the American people; rational execution of the War Powers Act; protection of our national security; and continue the execution of government duties assigned to the Executive Office.   

 

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