Brown Supports Effort to Establish Independent Commission on Presidential Capacity, Part of 25th Amendment Process

Washington, DC – Congresswoman Shontel Brown (OH-11) is an original cosponsor of legislation establishing a Commission on Presidential Capacity to Discharge the Powers and Duties of Office, the body and process called for in Section 4 of the 25th Amendment to the U.S. Constitution to enable Congress to ensure effective and uninterrupted leadership in the presidency. This body is the legislative counterpart to the Cabinet and would have the power to work with the Vice President. Essentially, the 25th Amendment gives us a constitutional answer to any medical crisis that might occur.

The legislation is authored by Congressman Jamie Raskin, Ranking Member of the House Judiciary Committee. On April 7, Congresswoman Brown called for invoking the 25^th Amendment following Trump’s threat that “a whole civilization will die tonight” directed at a nation of 90 million people. 

Section 4 of the 25th Amendment empowers Congress to establish a permanent “body” that, with the concurrence of the Vice President, can declare that the President is “unable to discharge the powers and duties of his office.” Although the 25th Amendment was adopted more than 50 years ago, Congress never set up this body called for in Section 4. Ranking Member Raskin’s bill establishes this independent nonpartisan body: The Commission on Presidential Capacity to Discharge the Powers and Duties of Office. This means the Vice President could act either with a majority of the Cabinet or a majority of this body in the event of a 25th Amendment crisis. 

“President Trump’s behavior has been unhinged, incoherent, and frankly frightening. The 25^th Amendment is a constitutional protection that we have for a reason – and we need to be ready to use it. This legislation creates an independent body, appointed by both parties, that can act in the nation’s interest in a time of crisis and makes properly invoking the 25^th Amendment possible,” said Congresswoman Shontel Brown. 

In emergency situations, Congress could pass a concurrent resolution requiring the Commission to examine the President, determine his/her ability to execute the powers and duties of the office, and report its findings to Congress. If presidential incapacity exists according to the Vice President and a majority of the Commission, the Vice President would immediately assume the role of Acting President.

How the Commission Would Work: 

Under the legislation, the Speaker of the House, House Minority Leader, Senate Majority Leader, and Senate Minority Leader will each select four retired leaders from the Executive Branch (such as former Presidents, Vice Presidents, Attorneys General and Surgeons General, Secretaries of State, Defense, and Treasury) to serve on the Commission. 

Additionally, the Democratic and Republican leaders of each chamber will select four physicians and four psychiatrists to serve on the Commission. The 16 appointed members then select a 17th member to act as the Chair of the Commission. 

In order to avoid conflicts of interest and both civilian and military chain of command issues, none of the members can be current elected officials, federal employees, or members of the active or reserve military.

Bill text is available here. An overview of the legislation and background on the 25th Amendment is available here. FAQs are available here.

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