Raskin submits bill for a commission

It’s been clear for months that Donald Trump is unfit for office. I declared him mentally unbalanced in late 2015 or early 2016 over dinner with my parents, fergawdsakes. Democrats on Tuesday finally decided to get the net. Or at least create a process for building one.
Heather Cox Richardson writes:
With the House back in session today, Representative Jamie Raskin (D-MD), the top-ranking Democrat on the Judiciary Committee, introduced a bill to establish an independent commission to evaluate the president’s mental state. The Twenty-fifth Amendment to the Constitution establishes a process by which either a majority of the Cabinet or a majority of a body created by Congress to evaluate the president’s fitness can declare that a president is “unable to discharge the powers and duties of his office.” In a press release, Democrats on the House Judiciary Committee expressed concern about “Trump’s escalating erratic conduct.” The bill has fifty Democratic co-sponsors.
Rasking is leaning on this wording from Section 4 of the 25th Amendment (emphasis mine):
Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Raskin’s press release elaborates:
“The Constitution explicitly vests Congress with the authority to create a body that will guarantee the successful continuity of government by responding to presidential incapacity to discharge the powers and duties of office. We have a solemn duty to play our defined role under the 25th Amendment by setting up this body to act alongside the Vice President and the Cabinet. This body should have been set up [by] Congress when the 25th Amendment was added to the Constitution in 1967. We have 535 Members of Congress but just one President and this body is a necessary element of successful continuity of government. Congress should act now to establish a permanent and standing Commission on Presidential Capacity to Discharge the Powers and Duties of Office.“
You know why we need one and why now:
“Public trust in Donald Trump’s ability to meet the duties of his office has dropped to unprecedented lows as he threatens to destroy entire civilizations, unleashes chaos in the Middle East while violating Congressional war powers, aggressively insults the Pope of the Catholic Church and sends out artistic renderings online likening himself to Jesus Christ. 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,” said Ranking Member Raskin.
Richardson adds:
Trump’s deteriorating mental state has become impossible to overlook, but Republicans are making excuses for it. Cabinet members, who owe their positions to Trump and who likely recognize they will never rise to such power again in a merit-based system, will probably not question Trump’s mental acuity. But Raskin’s measure will force Republicans in Congress either to vote for an independent commission to evaluate Trump or to own his increasingly erratic behavior themselves.
Not exactly. Republicans having to vote assumes this bill ever sees the light of day in a Trump presidency. This isn’t the first time Raskin has filed such a bill. He filed one on May 1, 2017 and again on October 9, 2020. Both died in committee.
House Republicans will again kill this bill in the cradle. Even if by extraordinary circumstances House Republicans don’t, Senate Republicans will. Even if by extraordinary circumstances Senate Republicans don’t, it would have to survive a Trump veto in both chambers. Even if by even more extraordinary circumstances the bill becomes law, a concurrent resolution of Congress is required to activate the Commission, the president must agree to submit to the examination, etc.
Then there is this last paragraph of the 25th Amendment:
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
Don’t hold your breath. Raskin will get one day’s worth of press from this move. The country won’t get one nanosecond of relief from the lunatic in the Oval Office.








