United States Representative Jimmy Panetta announced on Apr. 14 that he has joined Rep. Jamie Raskin and nearly 50 Democratic colleagues in introducing legislation to create a Commission on Presidential Capacity to Discharge the Powers and Duties of Office, as called for in Section 4 of the 25th Amendment.
The proposed commission would provide Congress with a process to address situations where a president may be unable to fulfill their duties due to incapacity or infirmity. Supporters say this measure is intended to ensure effective and uninterrupted leadership at the highest level of government.
Section 4 of the 25th Amendment allows Congress to establish an independent body that, alongside the Vice President, can determine if a president is unable to perform their duties. Although adopted over fifty years ago, such a body has never been created by Congress. The new bill aims to fill this gap by establishing an independent and nonpartisan commission composed of physicians, psychiatrists, and retired government officials selected through a bipartisan process.
“The 25th Amendment provides ways to remove a United States President who is unable to discharge his or her duties based on some form of incapacity or infirmity,” said Rep. Panetta. “A President’s cabinet can formally recommend removal of their President or a commission appointed by the Vice President can determine a President’s removal. Either of those determinations then require the Congress and the Senate to agree to the removal with a two-thirds vote in each chamber. The bill that we’re introducing would allow Congress an opportunity in a bipartisan manner to create that commission of non-partisan physicians, psychiatrists, and retired government officials, as outlined by Section 4 of the 25th Amendment. Based on the bipartisan nature of the selection process, the bill would strengthen the role of Congress when it comes to such a serious determination as mandated by our Constitution.”
Ranking Member Raskin said: “The Constitution explicitly vests Congress with the authority … 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 …”
In emergency situations under this legislation, Congress could pass resolutions requiring examination into presidential capacity; if incapacity exists according to both Vice President and Commission majority, immediate transferal of powers would occur.
Panetta currently serves California’s nineteenth district in U.S. Congress after replacing Sam Farr in 2017 according to Wikipedia. He was born in Washington D.C., lives in Carmel Valley according biographical information, graduated from University of California Davis with his BA before earning his JD from Santa Clara University according VoteSmart.