Two of the top Republicans in West Virginia have called for President Joe Biden to leave office, either voluntarily or by force.
Republican Senator Shelley Moore Capito released a statement Monday calling on Biden to resign.
“We live in a dangerous world and deserve a commander in chief who is up for the rigors of the job,” the veteran senator said. “If President Biden feels that he is not capable of making it through the demands of a campaign, then how could he be capable of serving out the rest of his term as president.”
West Virginia Attorney General and Republican nominee for Governor Patrick Morrisey went farther. He said Vice President Kamala Harris should “invoke her powers under Section 4 of the 25th Amendment and declare that President Joe Biden is unable to discharge the powers and duties of his office.”
Morrisey makes the same argument as Capito and other Republicans calling on Biden to step down. “If Biden is incapable of running, then he is incapable of fulfilling the duties of the presidency.”
That is a reasonable argument, but it is not conclusive.
Clearly, the 81-year-old Biden is cognitively and physically diminished. America witnessed that during the debate and since then more evidence has surfaced that the president has slipped significantly. In addition, those closest to him have frequently falsely attested to his abilities.
Democrat leaders, faced with the prospect of a diminished candidate and top-to-bottom losses in November, forced him to step down as the nominee. That move was driven by politics. If Biden were 10 points of ahead of Donald Trump, they would have stayed with him regardless of his health.
So, minus his re-election prospects, the question is whether Biden is fit to serve out the remaining six months of his term.
Let’s take Capito’s argument first. Reports indicate Biden gave up the nomination reluctantly. If true, he is even less likely to resign the presidency. How much can one man take? They would have to drag Biden out of the White House kicking and screaming. An ugly sight indeed.
So, can the 25th Amendment be used to remove him, as Morrisey suggests? Section 4 provides for removal when “the president is unable to discharge the powers and duties of his office.” It has never been invoked since the 25th Amendment was adopted in 1967.
Any attempt to do so would immediately prompt debate and probably legal challenges over what “unable to discharge” means in practice. Unable could mean anything from being comatose to difficulty maintaining the mental and physical rigors of the job.
According to the Constitution, it would be up to “the vice president and a majority of the principal officers of the executive departments or another body designated by Congress” to declare the president unable to fulfill their duties. We live in strange times, but it is hard to imagine Kamala Harris or Biden’s executive team being party to that.
However, public confidence in President Biden has been shaken. His recent sickness and seclusion only add to the questions and drive internet-fueled conspiracy theories about his health. The Republican efforts to force him from office are premature, but President Biden does have a responsibility to reassure the country that he is capable of leading effectively until January 20.