Constitutional scholars: 25th Amendment talk "premature," unrealistic

Despite the fact that two dozen Democrats have signed on to the effort as of last Thursday, there is virtually no chance that this effort will move forward. One path requires a formal declaration from the vice president and the Cabinet that the President is unable to perform his duties. When the 25th Amendment was used in the past in cases when the President was physically unable to lead, there was no debate over whether the President was fit to perform his duties.

Raskin pushed back on this characterization in a statement provided to CNN on Monday.

“Critics calling our bill to create the ‘body’ called for in the 25th Amendment ‘premature’ are inviting Congress to wait for a full-blown crisis to arrive in this presidency or the next before we act,” Raskin said. “That passive approach defeats the whole design of the Framers of the 25th Amendment.”