Constitution 101: Jamie Raskin-Style

This is a special submission from one of our readers, commenting on a local Congressman’s latest bad idea.

House Member Jamie Raskin (D, MD House District 8) has proposed legislation to create an “Oversight Commission on Presidential Capacity” to determine if a President is fit for the rigors of the office.  A Constitutional Scholar (of sorts), Raskin claims that Section 4 of the 25th Amendment allows Congress to create such a commission (it does).

So far, 25 Members of Congress have agreed to cosponsor the bill—all of them Democrats. This is such a good idea that Party Luminary Dennis Kucinich told Fox News, “It’s a political statement, not a medical statement…  I think it’s destroying the party as an effective opposition.” He has a point—those calling Trump “deranged,” or “has little hands” or “unmoored” certainly distract from the act of governing. Of course, that is what Mika Brzezinski, Sheila Jackson Lee and others probably intend, because they seek to deny the will of the People and the Constitution. Raskin claims that the evidence of Trump’s “mental illness” can be seen in the vitriol of his tweets.

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Given the degree of vitriol and hate spewed at the President by Rep Raskin and others, I think the Congress needs to take a look at a different part of the Constitution:  Article I, Section 5, Clause One, which states that “Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, . . .”  In simple terms, before one such as Rep. Raskin should be allowed to create an “Oversight Commission on Presidential Capacity,” we might do well to submit Rep Raskin, Sheila Jackson Lee, Nancy Pelosi and others to a Commission to determine their mental capacity to serve in Congress in the first place.

In fact, one might establish such a commission to examine Candidates before they are allowed to run for office at all. Of course, if we weed out those who should not be in public life, we would likely have to reduce the size of Congress altogether. It has been said that those who seek offices of power are least fit to serve in those positions; perhaps before Rep Raskin throws his stone, he might consider his own house. Does he really want to create a Commission that would as likely be the tool of Republicans against a Democrat as it is a tool of Democrats against a Republican?  In this direction lies tyranny and Fascism. Whether that is Rep Raskin’s final goal is a discussion for another time.

Signed

Marc Antony

Constitution.com 🇺🇸

I am the supreme law of the United States. Originally comprising seven articles, I delineate the national frame of government. My first three articles entrench the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress; the executive, consisting of the President; and the judicial, consisting of the Supreme Court and other federal courts. Articles Four, Five and Six entrench concepts of federalism, describing the rights and responsibilities of state governments and of the states in relationship to the federal government. Article Seven establishes the procedure subsequently used by the thirteen States to ratify it. I am regarded as the oldest written and codified constitution in force of the world.

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