Sen. Eric Schmitt, R-MO, penned an open letter on Monday night that he sent the Cabinet and Vice President Kamala Harris to demand they invoke the 25th Amendment following the resignation of Joe Biden.
He asked what many people have been asking since Biden’s resignation: If he’s not capable of being a presidential candidate, then how can he possibly be able to be the commander-in-chief?
🚨Today I’m demanding the Biden Harris cabinet invoke the 25th Amendment.
If Biden isn’t capable of being a candidate, he’s not capable of being President.
My letter to VP Harris and the Biden Harris cabinet members. pic.twitter.com/woqh3JDAdJ
— Eric Schmitt (@Eric_Schmitt) July 22, 2024
Schmitt, in an interview, explained his position. He said the issue is simple: The president is incapable of carrying out his duties.
Schmitt said that Biden’s admission meant he could not be President. Schmitt told Fox News Digital that it was in the immediate best interest of safety for the United States to have Joe Biden resign or be removed under the 25th Amendment.
Schmitt stated that the Biden-Harris Administration has “fought to stay afloat financially, seen America’s status on the international stage diminish, and been pushed aside by illegal aliens flooding our southern border.”
Schmitt told Fox News Digital, “If Joe Biden cannot run for office, then he can’t serve in office.” It’s that simple.
Biden is the first official to invoke the 25th Amendment. Many members of Congress have floated the idea, but he was the first one to do it.
The amendment was intended to maintain order if a president died, was killed, became incapacitated, or was removed.
The 25th Amendment was proposed by Congress, and ratified in states after the assassination of President John F. Kennedy. It outlines the procedures to replace the president or vice-president in case of death, resignation, or incapacitation. In the Watergate scandal in the 1970s, these procedures were used. First, Gerald Ford replaced Spiro Agnew as vice president, then he replaced Richard Nixon with the president, and finally, Nelson Rockefeller was appointed to fill the resulting vacancy.
It’s not easy to put Old Joe in the pasture, though. It would take a lot of people, including Vice President Kamala Harris and the current presidential candidate, to agree.
The 25th Amendment’s Section 4 is its most controversial section. It allows for the Vice-President and the Cabinet or any other body “by law” approved by Congress to agree that “the president is unable to discharge his powers and duties.” This clause was created to address a scenario where an incapacitated president couldn’t inform Congress that the vice president needed to take over as President.
The President can also protest such a ruling, but it is ultimately up to the two-thirds majority of Congress whether the President cannot serve because he or she has a medical condition that the Vice President and Cabinet, or an approved body by Congress, have determined. The Cabinet cannot stop a President from using their powers if the President has written objections. The Vice President would be the main actor in the resolution of this dispute.
We can be sure that Biden’s choice has thrown the Democrat party into chaos. They have a lot to work out. Schmitt’s right. Either the president has compromised himself or not. And since he dropped out of the race, it is hard to see how he can continue to lead our country.
It will be fascinating to see if other legislators follow suit, or if it is just an isolated incident.
