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Pelosi To Introduce Legislation Establishing a Commission on Presidential Capacity

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Speaker of the House Nancy Pelosi (D-Calif.) announced this week that House Democrats will introduce a Commission on Presidential Capacity to Discharge the Powers and Duties of Office Act, which is referenced in the 25th Amendment.

Pelosi hinted at such a process during her weekly press briefing on Thursday, telling reporters, “Come here tomorrow, we’re going to be talking about the 25th Amendment.”

Her office released more specifics in a press release to reporters a few hours later. The release teased a Friday press conference which will address “the introduction of the Commission on Presidential Capacity to Discharge the Powers and Duties of Office Act.”

Pelosi’s office continued, “The legislation will create the Commission on Presidential Capacity to Discharge the Powers and Duties of Office, the body and process called for in the 25th Amendment to the U.S. Constitution to enable Congress to help ensure effective and uninterrupted leadership in the highest office in the Executive Branch of government.”

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Congressman Jamie Raskin (D-Md.) who taught constitutional law at American University and has been the Democrats’ leading mind on impeachment will also be at the Friday press conference with Pelosi.

In 2017, Raskin attempted to pass similar legislation but was unable to make get it through in the then-Republican controlled House.

In a press release, Raskin’s office explained their legislation by stating, “Under Section 4 of the 25th Amendment, the Vice President and a majority of the Cabinet or the Vice President and a majority of ‘such other body as Congress may by law provide’ can determine in the event of a crisis that the President is ‘unable to discharge the powers and duties of his office’ due to physical or mental incapacity. Although the 25th Amendment was ratified more 50 years ago, Congress has so far not set up this body.”

The House impeached President Trump in late 2019 and the Senate acquitted him early 2020.

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