[Congressional Record Volume 163, Number 66 (Friday, April 14, 2017)]
[Extensions of Remarks]
[Page E507]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      STRENGTHENING AND CLARIFYING THE 25TH AMENDMENT ACT OF 2017

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                          HON. EARL BLUMENAUER

                               of oregon

                    in the house of representatives

                         Friday, April 14, 2017

  Mr. BLUMENAUER. Mr. Speaker, like many people, I have noticed a 
renewed interest in the 25th Amendment as we have seen erratic behavior 
out of the White House. As I examined the Amendment, it became clear 
that in the case of mental or emotional incapacity, there is a glaring 
flaw. In the absence of Congressional action, the constitutional 
language depends on actions by the Cabinet. Because the Cabinet can be 
fired by the President, there is a natural bias that would make them 
reluctant to acknowledge the President's inability to serve. It's time 
to revisit and strengthen the Amendment and make sure there is a 
reliable mechanism in place if the President becomes unable to 
discharge the powers and duties of office.
  The 25th Amendment was adopted 50 years ago in the wake of President 
Kennedy's assassination. It provides a mechanism for the succession of 
the President for his or her replacement in the event he or she proves 
unfit to serve. Under the Amendment, the Vice President and a majority 
of either the Cabinet or some ``other body'' designated by Congress, 
may remove the President from office.
  While the language is straightforward, it raises a host of questions. 
This ``other body,'' rather than the principal officers of the 
executive branch, is undefined and there is no guidance for how it 
should operate. This legislation determines the body would consist of 
the Vice President, advised by a majority of the living former 
Presidents and Vice-Presidents. These people have been President, or in 
the line of succession and understand the pressures of the office and 
the responsibilities the Presidency entails. They are of both parties, 
experienced, and well regarded by the American public. It is hard to 
imagine a better group to work with the Vice President to examine 
whether the President is able to discharge the duties of the office. 
When there are questions about the President's ability to fulfill his 
or her constitutional responsibilities, it is in the country's best 
interest to have a mechanism in place that works effectively.

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