Moulton Cosponsors Legislation to Establish Independent Commission on Presidential Capacity Under the 25th Amendment

WASHINGTON, D.C. – Congressman Seth Moulton (MA-06) joined as an original cosponsor of legislation introduced today by House Judiciary Committee Ranking Member Jamie Raskin (MD-08) to establish a Commission on Presidential Capacity to Discharge the Powers and Duties of Office—the independent, nonpartisan body envisioned by Section 4 of the 25th Amendment to the U.S. Constitution.

Section 4 of the 25th Amendment empowers Congress to establish a permanent body that, working alongside the Vice President, can declare that the President is unable to discharge the powers and duties of office. Despite being ratified in 1967, Congress has never created this body. Congressman Raskin's legislation remedies that long-standing failure.

Under the bill, congressional leaders from both parties will each appoint four retired officials from the Executive Branch—such as former Presidents, Vice Presidents, Attorneys General, Surgeons General, and Secretaries of State, Defense, and Treasury—as well as four physicians and four psychiatrists. The 16 appointed members would then select a 17th member to serve as Chair. No current elected officials, federal employees, or active or reserve military members may serve on the Commission, ensuring independence from conflicts of interest.

In emergency situations, Congress could pass a concurrent resolution directing the Commission to evaluate the President's capacity and report its findings. If the Vice President and a majority of the Commission determine that presidential incapacity exists, the Vice President would immediately assume the role of Acting President.

Congressman Moulton is one of 50 original House Democratic cosponsors of the legislation.

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