Rep. Darrell Issa, a member of the House Judiciary Committee, has proposed a constitutional amendment to enhance the process of removing a president unable to carry out their duties, following concerns over the 25th Amendment’s effectiveness. The amendment comes in response to allegations that the Biden administration concealed information about the former president’s declining mental capacity. Issa argues that the current system, which relies on the vice president and Cabinet to declare a president unfit, may be compromised by the impartiality of these officials. He calls for the inclusion of Congress and the Supreme Court in this process to ensure a fair and transparent determination of a president’s ability to perform their duties.
The push for a constitutional amendment follows a series of Senate hearings and House Oversight Committee investigations into the operations of the Biden administration. These investigations are focusing on whether any officials used the autopen to authorize executive actions without the president’s consent, which could have implications for the proposed amendment. If the Judiciary Committee advances the idea, it would then need to secure a two-thirds majority in each chamber of Congress and ratification by three-quarters of the states, making the process exceptionally challenging. Despite the difficulty, Issa emphasizes the importance of improving the system, stating that the current approach did not work and that a better solution is needed for future scenarios.