Calling on Vice President Pence to Convene and Mobilize the Cabinet to Activate Section 4 of the 25th Amendment to Declare President Donald J. Trump Incapable of Executing the Duties of His Office
Floor Speech
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Mr. McCLINTOCK. Mr. Speaker, what a sad and ominous way to begin the 117th Congress. Hasn't this body done enough in the last session to divide our country and abuse our Constitution without carrying that damage into the new session?
The 25th Amendment specifically addresses the incapacity of the President to discharge the duties of his office. It was never intended as a political weapon when Congress doesn't like the way he discharges those duties.
Now, I have read that speech. He never suggested rampaging the Capitol and disrupting the Congress. He urged them to--and this is an exact quote--``peacefully and patriotically make your voices heard.''
Now, many of us Republicans joined a bipartisan vote to respect the electoral college votes despite our suspicions, our misgivings, and our desires. We did this because the Constitution commanded it and our institutions depend on it. Now, today, those same principles should compel a bipartisan vote to oppose this grotesque abuse of the 25th Amendment.
Last week, the majority argued that the President tried to misuse the Constitution to overturn the votes of the electoral college. Well, he asserted no direct power. Rather, he urged the Vice President and Congress to do so. Many of us declined his bad advice.
Yet, this week, the majority directly is asserting power to misuse the 25th Amendment in a manner that does overturn the votes of the previous electoral college. Don't they see that they are committing directly the same offense they accuse the President of committing indirectly?
Every act we take builds a precedent for future acts. Once Congress asserts this new role as armchair psychiatrists and a new power to equate intemperate speech with functional disability, the most important pillars of our government--stability, the rule of law, and the separation of powers--will fracture.
It won't affect this President, but it will stalk future Presidents from this day forward. For their sake, please don't do this.
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