Letter to the editor: Time to amend 25th Amendment

OPINION:

Section 4 of the 25th Amendment to the Constitution is fundamentally flawed because it assumes that officers such as the vice president and Cabinet secretaries will prioritize their duty to the country over their political loyalties. In the case of former President Biden, its application appears to have failed, as he was not fully capable of performing his duties and the then vice president and secretaries did not take appropriate action (“Biden cancer bombshell ignites accusations of extreme political cover-up,” Web, May 19).

They may claim to have been kept away from Mr. Biden or that their access was limited, but ultimately, secretaries serve the president, not his staff, and they have the right access the president. Their inaction represents a significant failure, rendering the effectiveness of the 25th Amendment questionable.

Even if they had acted to remove Mr. Biden, the process would have required the vice president and a majority of the secretaries to vote for removal, and then the House and Senate would have had to vote for removal with a two-thirds majority. That’s an unlikely scenario given political realities. Historically, partisanship and party loyalty would prevent such an action, with many preferring to hide behind political convenience. Even after the fact, when political risk is low, the Democrats have hidden or ignored the issue.

The reality is that current mechanisms do not adequately address presidential incapacity. To improve this, the 25th Amendment should be amended to mandate regular, independent physical and mental health assessments of the president. These evaluations should be conducted by impartial medical professionals who report directly to Congress, the vice president and relevant secretaries, and the results should be made available to the public.

If the president fails these assessments, Congress should have the authority — by a simple majority in both chambers — to remove him or her. If they vote for removal, the matter should go to the Supreme Court, where a simple majority would confirm the action and the president would be removed. This process requires a transparent protocol to ensure that presidential incapacity is addressed effectively and promptly, upholding the Constitution’s intent to protect the nation.

TOM HENION
Stafford, Virginia