Clay Higgins, Texas rep. Roy file resolution to invoke 25th Amendment to oust Biden
WASHINGTON (KLFY) – Two congressmen have started the process to constitutionally oust President Joe Biden from office, but any response is unlikely.
Congressmen Clay Higgins (R-La.) and Chip Roy (R-Texas) have filed a resolution that asks Vice President Kamala Harris to immediately invoke her power in the 25th amendment to convene the executive Cabinet and declare Biden as unfit to carry out his duty as Commander-in-Chief.
Roy proposed the legislation after Biden’s lackluster debate performance against former president Donald Trump in Atlanta on Thursday.
“I put forth a resolution calling upon the Vice President to immediately use her powers under section 4 of the 25th Amendment to convene and mobilize the principal officers of the Cabinet to declare the President of the United States is unable to successfully discharge the duties and powers of his office,” Roy said.
Ratified in 1967, the 25th Amendment requires the vice president and the cabinet to notify the President pro tempore of the Senate and the Speaker of the House through a written declaration that the President of the United States is unfit to serve. Once declared, this enables the vice president to become the acting president.
“Over the past 3 years, it has become painfully clear that our inaugurated President has slipped into a rapid decline," Higgins said. "As a Christian principled nation, We the People must revere our elders and shelter them from unnecessary struggle and anguish. The 25th Amendment allows America to respond to this moment of crisis by gently removing President Biden from the world’s most powerful elected position. It’s the right thing to do, the Christian thing to do.”
The resolution is non-binding, and Harris can, and probably will, simply ignore it.
Section 4 of the 25th Amendment reads as follows:
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.
25th Amendment, Section 4
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days 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. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.