Wed
Jan 13 2021
10:41 am

Our local congressional representative, Tim Burchett, issued the following about his vote last night regarding the 25th Amendment.

"Congress does not have the constitutional authority to invoke the 25th Amendment, and Vice President Pence said he will not do so."

Not exactly. Section 4 of the 25th Amendment reads, "Whenever the Vice President and a majority of either the principal offices of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office..."

Congress also plays a voting role if the President disputes the conclusion. Further, Congress is quite capable of passing a "sense of the House" resolution about what should happen. Thus, Burchett's statement is incomplete and misleading (and trying to cover his outrageous Trumpism, ignoring Trump's incitement of insurrection).

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