House Democrats on Tuesday introduced legislation to form a 17-member commission to evaluate President Donald Trump’s fitness for office, with an eye toward invoking the 25th Amendment.
Aside from the reality that the 25th Amendment can only be invoked by the vice president and must be backed by a majority of the cabinet, this proposal has virtually no chance of passing in a Republican-controlled House. Even if, by some absurd twist of fate, the bill reached the president’s desk, he would simply veto it.
Nevertheless, citing national security concerns related to the president’s recent rhetoric on the war in Iran, Rep. Jamie Raskin (D-MD) proposed the measure, which was co-sponsored by 50 of his Democratic colleagues.
Specifically, Democrats were pretty worked up over Trump’s Easter morning missive to the mullahs to “Open the F***in Strait” followed by his warning that “a whole civilization will die tonight.” Say what you will about the president’s rhetoric, but he caught the Iranians’ attention.
It sure was a lot more effective than Joe Biden’s message of “Don’t, don’t,” or Barack Obama’s decision to send a plane load of cash to regime leaders.
At any rate, in a Tuesday press release, Raskin, the ranking member of the House Judiciary Committee, said, “We are at a dangerous precipice, and it is now a matter of national security for Congress to fulfill its responsibilities under the 25th Amendment to protect the American people from an increasingly volatile and unstable situation.”
He also tried to explain why Congress is justified in usurping authority it does not possess: It’s part of their responsibility to “ensure effective and uninterrupted leadership in the presidency.”
This body is the legislative counterpart to the Cabinet and would have the power to work with the Vice President.Essentially, the 25th Amendment gives us a constitutional answer to any medical crisis that might occur. In a House Judiciary press release, enable Congress to ensure effective and uninterrupted leadership in the presidency. This body is the legislative counterpart to the Cabinet and would have the power to work with the Vice President. Essentially, the 25th Amendment gives us a constitutional answer to any medical crisis that might occur.
While the Constitution does not grant Congress the authority to invoke the 25th amendment, it does provide them with another way to remove a president they consider unfit: impeachment. House Democrats are well aware of this option. They’ve already wielded this weapon against Trump — twice — when the party controlled Congress. And they’ve threatened to use it again on countless occasions.
But, since all of this is performative anyway, why don’t they pursue a third impeachment?
Because Democrats worry an impeachment could backfire politically — especially in an election year. Such a move would be more apt to strengthen Trump politically than to hurt him. It would make him more sympathetic to voters and would energize his base.
In remarks at an “Inside Congress” event sponsored by Cornell University’s Institute of Politics and Global Affairs in May 2019, then-House Speaker Nancy Pelosi said, “Trump is goading us to impeach him. That’s what he’s doing. Every single day, he’s just like, taunting, taunting, taunting, because he knows that it would be very divisive in the country, but he doesn’t really care. [He] just wants to solidify his base.”
I would argue that Democrats’ current efforts to invoke the 25th Amendment, a remedy that is beyond their jurisdiction, make them look even more foolish. Desperate even.
In the end, they likely view it as political red meat — an exercise designed to excite donors and fuel fundraising.
As ridiculous as it is, if Democrats win back control of the House in November, this is what we can expect. They do investigations as harassment so much better than Republicans.
Elizabeth writes commentary for Legal Insurrection and The Washington Examiner. She is an academy fellow at The Heritage Foundation. Please follow Elizabeth on X or LinkedIn.
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