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house Bill H. Res. 21

Should the House Call For VP Pence & the Cabinet to Invoke the 25th Amendment, Strip President Trump’s Authority?

Argument in favor

The House should call for Vice President Mike Pence and the Cabinet to invoke the 25th Amendment to deem President Donald Trump “unable to discharge the duties and powers of his office” and have Pence serve as acting president until Inauguration Day.

Argument opposed

The House has no constitutional role in the invocation of the 25th Amendment, so debating and voting on this non-binding resolution amounts to an empty political gesture and waste of legislative effort that could go to more helpful pursuits.

What is House Bill H. Res. 21?

This resolution would call on Vice President Mike Pence to mobilize the Cabinet for the purpose of invoking the 25th Amendment to deem President Donald Trump “unable to discharge the duties and powers of his office” and remove his powers, in which case Pence would serve as acting president. Section 4 of the 25th Amendment allows a majority of the Cabinet to vote to deem the president as incapable of performing their duties with the concurrence of the vice president, who would become the acting president.

The resolution contends that President Donald Trump’s words and actions incited the “dangerous insurrectionary mob” of his supporters who stormed the Capitol and interrupted the certification of the Electoral College results.

As a simple resolution, this legislation would not advance beyond the House if passed and is non-binding.

Impact

The Cabinet; Vice President Mike Pence; and President Donald Trump.

Cost of House Bill H. Res. 21

As a non-binding resolution, this legislation would have no cost.

AKA

Calling on Vice President Michael R. Pence to convene and mobilize the principal officers of the executive departments of the Cabinet to activate section 4 of the 25th Amendment to declare President Donald J. Trump incapable of executing the duties of his

Official Title

Calling on Vice President Michael R. Pence to convene and mobilize the principal officers of the executive departments of the Cabinet to activate section 4 of the 25th Amendment to declare President Donald J. Trump incapable of executing the duties of his office and to immediately exercise powers as acting President.

simple resolution Progress

  • The house has not voted
      house Committees
      Committee on the Judiciary
    IntroducedJanuary 11th, 2021
    Joan's Opinion In Favor
    ···
    last Tuesday
    Invoke the 25th Amendment and the 14th Amendment for the seditious trumplicans in Congress!
    Like (84)
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    Ranaln's Opinion Against
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    last Wednesday
    Ryan is absolutely right, yes I copied it. To those that cry sedition: “The Declaration of Independence says We Have the Right to Overthrow the Government. ... The Declaration of Independence says that we not only have the right but we also have the duty to alter or abolish any government that does not secure our unalienable rights, including life, liberty, and the pursuit of happiness.” “Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
    Like (48)
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    truthNlogic's Opinion Against
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    last Wednesday
    So, Nancy Pelosi calls for another overreach of power by having a show vote of a non-binding resolution to tell the vice president to invoke an amendment which was intended to apply in a medical emergency because she didn't like a president utilizing his right of free speech. Too bad Nancy can't be impeached. She is the only one abusing her office. Trump's comments may have been ill advised and may have fanned the flames of anger, but they did not call for an act of violence nor anything approaching insurrection. The irrational left and their demagoguery of Trump are the only issues here. Maybe deal with real problems for once instead of your irrational insecurities.
    Like (38)
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    Leslie's Public Comment
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    last Wednesday
    Pence has written a letter saying he doesn’t agree with using the 25th so that option is closed leaving impeachment. The article of impeachment calls out insurrection and rebellion creating a plan B should the senate not vote for removal that allows Trump to be prosecuted for Insurrection and rebellion under the 14th. Either impeachment or the 14th will prevent Trump from holding office. The 14th is easier than impeachment as it only takes a majority not a super majority (2/3rds) and wouldn’t take up Senate time for a trial. It does however involve the courts after Congress votes for it. Four Republicans (Katko, Cheney, Kinzinger, Upton) currently support impeachment, and McConnell is considering support as he does not see it as partisan and wants to see the evidence. It is hard to understand why Pence won’t invoke the 25th which the House passed today (1-12-21) when he had to be evacuated with his wife, daughter and brother because mobs wanted to hang him and Trump didn’t care enough about his well being to even check on his safety. https://thehill.com/homenews/administration/533957-pence-rejects-calls-to-invoke-25th-amendment https://www.nytimes.com/2021/01/12/opinion/Trump-impeachment-disqualification.html https://www.nytimes.com/article/republicans-impeaching-donald-trump.html https://www.businessinsider.com/trump-didnt-check-pence-safety-after-inciting-capitol-mob-2021-1 https://www.washingtonpost.com/history/2021/01/11/14th-amendment-trump-insurrection-impeachment/
    Like (38)
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    Joseph's Opinion Against
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    last Wednesday
    Trump should NOT be impeached. He did not incite by words or deeds.
    Like (33)
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    Bijan's Opinion In Favor
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    last Wednesday
    I am an independent, neither a Democrat nor a Republican. Trump must be impeached. We need to understand that this impeachment is less about Trump, whoes attempted violent take over of our government failed, and more about a future dictator who wants to try the same. By not impeaching Trump we basically say it is OK if a President trys to ignore the votes and stay in power using violence as long as it is in his last week of holding office. If we don't impeach Trump we make such attacks on our democracy normal and OK.
    Like (32)
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    Rachel's Opinion In Favor
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    last Wednesday
    Trump should be held accountable for the divisive language he used to encourage the violent and DEADLY attack on the Capitol. It put YOUR life at risk and has caused the US to both appear AND actually be weak.
    Like (25)
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    Jeeve's Opinion In Favor
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    last Wednesday
    Whatever it takes to get that toad out of office
    Like (24)
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    Surender's Opinion In Favor
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    last Wednesday
    All gop that propagate, amplify, perpetuate Dumbkopf’s lies must be tried and punished for breaking their oath of office. Of the 72 mil who voted for dumbkopf only a very few are the absolute lunatic fringe. Most of the others are just dumb enough to be gullible to a con After all the turmoil there has been not a single shred of evidence to the contrary.
    Like (21)
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    Patricia's Opinion In Favor
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    last Wednesday
    Donald Trump incited a violent riot to overthrow the election and the entire democracy of the United States. He is unfit and dangerous. Any legislators who aid and abet this insurrection will be held accountable when
    Like (21)
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    Sandra's Opinion In Favor
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    last Wednesday
    Since the MAGA rabble was chanting "Hang Pence" and was looking for Nancy Pelosi and there was a gallows AND a guillotine built on the grounds......I can't believe VP Pence did NOT do this post haste.
    Like (21)
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    Frank-001's Opinion In Favor
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    last Tuesday
    Y E S Pence SHOULD apply the 25th Amendment. The House SHOULD Impeach Trump. The Senate SHOULD Remove Trump. The White House Administrative Staff SHOULD & MUST resist all illegal orders. The White House Facilities Staff SHOULD be packing for his quick removal. Too many SHOULDS! How about a spontaneous Trip? Mongolia? Siberia? The Bermuda Triangle? "Jam Him Up!"
    Like (19)
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    William's Opinion Against
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    last Wednesday
    Just another ridiculous, pointless witch hunt against our President that is a complete WASTE of our tax dollars and time. We need to be focusing on matters that are important like Covid vaccines distribution, more stimulus pay for people who really need it and are desperate for it. We need to be focusing on tying down big tech and put laws and regulations in to start holding them accountable. Big tech is not the arbiters of truth and should NEVER have the power that they have right now. VP Pench already made the right decision and declined to invoke the 25th amendment. The impeachment is also ridiculous. They KNOW they don't have the support to actually impeach him nor do they even have a legitimate reason to do so in the first place. But of course, it's Democrats being Democrats. Wasting time on pointless ventures and wasting our tax dollars and most of all further dividing our country.
    Like (18)
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    Loretta's Opinion Against
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    last Wednesday
    The only reason I can see that you would do this would be out of I miss guided believe that you have some kind of moral superiority. You don’t
    Like (16)
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    singinghawk926's Opinion In Favor
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    last Wednesday
    But he won’t do it
    Like (16)
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    Dan's Opinion In Favor
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    last Tuesday
    Yes. The 25th amendment should be invoked.
    Like (13)
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    Jada's Opinion In Favor
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    last Tuesday
    I absolutely agree. What happened on 1/6/21 was deplorable and a disgrace to our country. Not only should Trump be removed immediately, the Senate should call for the immediate resignation of Josh Hawley who was outside with his fist in the air egging on the violent insurrectionists. Also, Ted Cruz should resign for going along with Trumps meritless and baseless claims of fraud. Moreover, anyone else who had been an enameled should be immediately removed from office and not allowed to hold a public office on the federal level.
    Like (12)
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    larubia's Public Comment
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    last Wednesday
    Pence won’t. The cabinet members that are left won’t. It doesn’t matter what we think. Impeach him Congress!
    Like (12)
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    Bonnie's Opinion In Favor
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    last Tuesday
    It is also extremely important that trump ability to pardon is totally stifled!
    Like (12)
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    Brian's Opinion In Favor
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    last Tuesday
    Donald Trump is too dangerous in office, no matter how many platforms he's banned from. We've seen his rabid fanbase willing to do anything to keep him in power, including violating our Constitution and sacking our Capitol. He must be removed now to keep him from spouting more lies and inciting more violence, and hopefully he can be sent far away where we'll never hear from him again. Remove him immediately.
    Like (12)
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