The Case for Using the Twenty-fifth Amendment on Biden
Jul 10, 2024
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Harvard Law professor Jeannie Suk Gersen discusses invoking the 25th Amendment on Biden for cognitive impairment. Topics include Biden's cognitive decline, implications of his resignation for Kamala Harris, and public responses to the idea.
The 25th Amendment could be used to remove an unfit President due to cognitive impairment concerns.
The invocation of the 25th Amendment against Biden could have significant political and electoral consequences.
Deep dives
The Debate Raises Concerns About Biden's Cognitive Health and Ability to Serve
President Biden's lackluster performance at the 2024 presidential debate sparked doubts about his vigor and cognitive health. This led to questions regarding his suitability to continue running for office and complete his term in light of potential cognitive impairment issues. Jeannie Sue Gerson's New Yorker article suggests Democrats consider employing the 25th Amendment against Biden, emphasizing the relevance of the amendment for situations involving a president's alleged inability to function effectively.
The 25th Amendment Provides a Mechanism for Presidential Removal
The 25th Amendment, typically utilized in situations where a president is deemed unfit, includes a provision for removal when he cannot discharge his duties. Jeannie Sue Gerson advocates for Biden's cabinet to evaluate his capability for office and potentially invoke the amendment. The Amendment does not mandate a medical diagnosis and allows for either voluntary or involuntary transfer of power.
Potential Impact on Vice President Kamala Harris
If Biden were to step down under the 25th Amendment, VP Kamala Harris would assume the role of acting president. This situation could present Harris with advantages as the incumbent during a possible presidential race. While invoking the 25th Amendment against Biden raises significant political implications and challenges, it might influence the upcoming electoral landscape.
Concerns Over President Biden's Fitness Extend Beyond the Election Year
Amid uncertainties about Biden's cognitive health, concerns regarding his ability to fulfill the duties of the presidency emerge. The discussion on invoking the 25th Amendment reflects broader apprehensions about governance under a potentially impaired president. Addressing the situation goes beyond election dynamics and delves into constitutional duties and governance principles.
The New Yorker contributor and Harvard Law professor Jeannie Suk Gersen joins Tyler Foggatt to discuss a once obscure constitutional provision that allows Cabinet members to remove an unfit President from office. Gersen believes it’s time to use it on Biden. “The Twenty-fifth amendment was designed for a situation in which the President may not recognize his own impairment,” she says.