In light of recent events raising concerns about President Trump’s ability to continue serving as president, the need for Congress to develop an oversight process to determine presidential incapacity has never been stronger. That is why it is crucial for Congress to fully commit to its constitutional oversight role by expeditiously passing Congressman Jamie Raskin’s legislation to create a Commission on Presidential Capacity to Discharge the Powers and Duties of the Office.

The Constitution recognizes that a president may no longer be capable of serving in office and  accordingly lays out a process in the 25th Amendment to remove them. This process is meant to be a failsafe option that can only be invoked if the president suffers some sort of objective incapacity such as a serious stroke or severe dementia. Importantly, it does not permit removal of a president for policy disagreements, even if those policies have grave consequences.

Involuntary removal of a president under the 25th Amendment has never been tested and should be approached with caution. If the vice president finds that the president is incapacitated, the president may be removed from office if a majority of the cabinet votes to do so. If the president challenges this determination and the vice president and cabinet officials reassert his incapacity, Congress must vote on removal.

The 25th Amendment also permits Congress to create an alternative body outside of the executive branch that can determine whether the president is unable to discharge the powers and duties of their office. On this front, Congress has failed its constitutional duties. 

Earlier this month, Congressman Jamie Raskin introduced legislation establishing a Commission on Presidential Capacity to Discharge the Powers and Duties of the Office. This bill would establish a nonpartisan body with medical expertise and bipartisan input, composed of 17 members, including physicians, psychiatrists and former high-ranking executive branch officers. 

There is no excuse for Congress to abdicate its responsibility to ensure presidential fitness. It is long past time that Congress created a scrupulously bipartisan independent body to objectively evaluate the president’s ability to carry out the powers and duties of the office.

Read the letter here.

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