A resolution expressing the sense of the Senate condemning the politicization of the 25th Amendment to the Constitution of the United States by the Speaker of the House of Representatives.

This resolution disapproves of statements and actions by the Speaker of the House of Representatives and the Democratic Caucus of the House of Representatives related to invoking the 25th Amendment to the Constitution, which provides for the accession of the Vice President to the powers and duties of the presidency upon a specified declaration that the President is unable to discharge the powers and duties of his office.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 747 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
S. RES. 747

Expressing the sense of the Senate condemning the politicization of the 
25th Amendment to the Constitution of the United States by the Speaker 
                    of the House of Representatives.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 19, 2020

 Mrs. Loeffler (for herself, Mr. Tillis, and Mr. Cramer) submitted the 
   following resolution; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                               RESOLUTION


 
Expressing the sense of the Senate condemning the politicization of the 
25th Amendment to the Constitution of the United States by the Speaker 
                    of the House of Representatives.

Whereas the 25th Amendment to the Constitution of the United States (referred to 
        in this preamble as the ``25th Amendment'') states, in section 4, 
        ``Whenever the Vice President and a majority of either the principal 
        officers 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, the Vice President shall immediately assume the 
        powers and duties of the office as Acting President.'';
Whereas the 25th Amendment was drafted in the wake of the death of President 
        John F. Kennedy and was intended to provide for a clear path of 
        succession in the event of the President's death or inability to 
        discharge the powers and duties of his office, and not as a political 
        tool to remove a duly elected President in the absence of just cause;
Whereas the Speaker of the House of Representatives intends to introduce 
        legislation creating a Commission on Presidential Capacity to Discharge 
        the Powers and Duties of the Office for the purposes of removing 
        President Donald J. Trump from office under section 4 of the 25th 
        Amendment;
Whereas the Speaker of the House of Representatives has failed to put forward a 
        just cause for invoking the 25th Amendment;
Whereas the proposed actions by the Speaker of the House of Representatives are 
        an unprecedented attempt to remove a duly elected President;
Whereas the Speaker of the House Representatives and the Democratic Caucus of 
        the House of Representatives have undertaken a multi-year campaign to 
        delegitimize the duly elected President of the United States and 
        overturn the results of the 2016 Presidential election, and in the 
        course of this campaign have wasted taxpayer dollars and weaponized 
        House resources, including committee and floor time, that could have 
        otherwise been used to help the people of the United States;
Whereas the Speaker of the House of Representatives is politicizing the 25th 
        Amendment and the health of the United States President during a global 
        pandemic in order to influence the upcoming November elections;
Whereas the Speaker of the House of Representatives has failed to negotiate in 
        good faith in regard to providing COVID-19 relief to the people of the 
        United States;
Whereas the Speaker of the House of Representatives is politicizing the 25th 
        Amendment and the health of the United States President in order to 
        increase leverage on negotiations involving COVID-19 relief;
Whereas the Speaker of the House of Representatives is abusing the power of the 
        House of Representatives, violating the intent of the 25th Amendment for 
        political purposes, and misusing taxpayer dollars;
Whereas the Speaker of the House of Representatives is degrading the office she 
        holds and conducting herself in a manner that does not reflect 
        creditably on the House of Representatives; and
Whereas, if allowed to stand, this action by the Speaker of the House of 
        Representatives would set a dangerous precedent for the constitutional 
        system of Government in the United States: Now, therefore, be it
    Resolved, That the Senate disapproves of the statements and actions 
of the Speaker of the House of Representatives and the Democratic 
Caucus of the House of Representatives for politicizing the 25th 
Amendment of the Constitution of the United States.
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