Rep. Buck Introduces 25th Amendment Resolution Against Biden

In response to concerns over the current administration, Representative Ken Buck, a Republican from Colorado, has introduced a resolution calling for President Biden to undergo a test of his mental fitness under the 25th Amendment.

The resolution comes amid criticism from some that the President has shown signs of declining cognitive ability. If passed, the resolution would create an Oversight Commission responsible for carrying out the assessment.

Concerns Over Biden’s Cognitive Decline and Mental Fitness

Rep. Ken Buck (R-Colo.) introduced a resolution calling on the Cabinet to remove President Biden through the 25th Amendment. Buck cited Biden’s apparent “cognitive decline and lack of mental stamina,” as evidenced in the report released by special counsel Robert Hur.

The report described Biden as a “sympathetic, well-meaning, elderly man with a poor memory.” Buck argued that “the societal challenges and security threats our country faces are innumerable and require a chief executive with both strong mental and physical faculties.”

What Does the 25th Amendment Say About Removing a President?

The 25th Amendment to the U.S. Constitution establishes a process for removing a president who is unable to fulfill the duties of the office. Section 4 of the Amendment empowers the vice president and a majority of the Cabinet to temporarily remove the President by transmitting a written declaration to the Senate president pro tempore and the House speaker.

The vice president then becomes acting President. The Amendment specifies that if the President then transmits to the Senate president pro tempore and the House speaker a written declaration that no inability exists, the President shall resume the powers and duties of the office.

The 25th Amendment Has Never Been Invoked to Remove a President

Although the 25th Amendment process for removing an incapacitated president has existed since 1967, it has never been used. During the Trump administration, critics argued that the Amendment should be invoked to remove Trump from office after the Capitol riot on January 6, 2021.

However, then-Vice President Mike Pence refused to invoke the 25th Amendment. The Amendment was proposed and ratified following the assassination of President John F. Kennedy to address succession issues in the event of a president’s death, removal, resignation, or incapacitation.

Claims of Mental Incapacity

In his resolution, Rep. Buck argues that “numerous instances…showing President Biden’s apparent cognitive decline and lack of mental stamina” warrant the use of the 25th Amendment.

Buck cites the report released by Special Counsel Robert Hur, which described President Biden as “a sympathetic, well-meaning, elderly man with a poor memory.”

Backlash and Unlikelihood

The resolution has received backlash from Democrats, who view it as a political stunt. The resolution is unlikely to lead to the removal of President Biden as Vice President Harris and the Cabinet would have to agree to invoke the 25th Amendment, which is improbable given that they are members of the same political party.

However, the resolution signals a new tactic by Congressional Republicans to question President Biden’s mental fitness and leadership.

Past Attempts to Invoke 25th Against Presidents

While lawmakers have floated using the 25th Amendment to remove presidents from office in the past, there have been no successful invocations of Section 4 against presidents.

After the January 6 riot at the Capitol, some lawmakers argued that then-President Trump’s rhetoric and actions warranted his removal under the 25th Amendment.

Strong Denunciation From the White House

The White House strongly denounced Rep. Ken Buck’s resolution calling for the invocation of the 25th Amendment to remove President Biden from office. Press Secretary Jen Psaki stated that the resolution was “a political attack founded on lies and harmful mischaracterizations.”

She affirmed that President Biden “is laser-focused on getting shots in arms, workers back to work, and the economy back on track.”

Democrats Dismiss Resolution as Partisan Attack

Democratic lawmakers dismissed Buck’s resolution as a partisan attack lacking any merit or evidence. Former House Speaker Nancy Pelosi’s spokesperson stated that “Republicans will stop at nothing to damage President Biden, even if it means damaging our country in the process.”

Senate Majority Leader Chuck Schumer described the resolution as “a new low in the long descent of a once-great political party.”

Questions About the Use of the 25th Amendment

Some analysts argued that invoking Section 4 of the 25th Amendment should only be considered in cases of clear incapacity, not over policy or partisan disagreements.

The drafters of the Amendment acknowledged these complexities, noting that “inability” covers a range of possibilities and requires judgment in application. Overall, most experts do not believe Buck’s claims regarding Biden’s faculties meet the high bar required to invoke the 25th Amendment.

Other Congressional Republicans’ Positions on 25th Amendment Resolution

Congressman Ken Buck’s resolution proposing the invocation of the 25th Amendment to remove President Biden from office has received mixed reactions from fellow Republicans in Congress.

Some vocal conservatives have expressed support for Buck’s measure, contending that Biden’s age and mental state have rendered him unfit to execute the responsibilities of the presidency.

What Happens If Buck Gets The Support To Use The 25th Amendment Resolution

For Rep. Ken Buck’s resolution calling for the removal of President Biden under the 25th Amendment to proceed, Vice President Harris and a majority of the Cabinet would have to agree that the President is unable to discharge the powers and duties of his office.

The 25th Amendment provides the vice president and Cabinet the authority to declare the President unfit, but it has never been used before to remove a president against his will.

Biden Could Declare His Fitness To Stand Against Buck

Even if the vice president and Cabinet declared Biden unfit, the situation would remain unresolved. Under Section 3 of the 25th Amendment, Biden could transmit to the House speaker and Senate president pro tempore a written declaration that no inability exists, immediately resuming his powers and duties.

This action would place the vice president and Cabinet in a difficult position, having to decide whether to press forward with a second declaration of inability.

Precedent Would Be Set if Buck Gets The Support

While Rep. Buck’s resolution is unlikely to result in Biden’s removal, if the 25th Amendment were invoked, it would set a precedent with an unpredictable impact on future presidencies.

The criteria and processes for determining presidential inability could be subject to debate and disagreement, especially in times of divided government.

Shoving The Constitution Against Biden

Rep. Buck’s resolution to create a committee to evaluate invoking the 25th Amendment against President Biden is a controversial proposal that faces an uphill battle. While supporters believe the President’s fitness for office should be examined, critics view the resolution as a partisan attack without merit.

The fate of the resolution remains uncertain, but it has brought renewed attention to the 25th Amendment and sparked debate on Capitol Hill.