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Forget four more years. Is Biden fit to serve now?

The urgent question about Biden's mental fitness that Democrats aren’t yet asking.

Donald Trump And Joe Biden Participate In First Presidential Debate

Of course, no president can be everything everywhere all at once — they must rely on their staff for counsel and to execute their vision. At issue is how much of the Biden administration’s policy is Biden’s vision and how much comes from other sources. And if his closest advisers have more sway over the country than perhaps is typical, they have a personal incentive to encourage Biden to stay in office and to seek a second term, regardless of his condition: They have the president’s ear; their power disappears when he leaves the White House.

What happens if Biden does leave office now?

At this juncture, the only say voters have over whether Biden is president will come in November’s elections. Republicans are entertaining the idea of pressuring Biden’s cabinet to invoke the 25th Amendment and remove him from office if he is unable to perform his duties, but their motivations are mostly political and it’s not clear that Biden stepping down would help them in November.

If Biden is unwilling to step down on his own accord, Harris and a majority of the cabinet could declare him unfit to serve under the 25th Amendment. That would require him to vacate his office, after which Harris would immediately assume the role of acting president. Harris could then nominate someone as vice president, who would have to be confirmed by a majority vote in both chambers of Congress. If Biden contests the assessment that he is unfit to serve, two-thirds of both chambers of Congress would have to find him fit to serve for him to be reinstated as president.

However, this would be a practically unthinkable last resort for Democrats. It’s much more likely that Biden would decide to step down without anyone having to force his hand.

That would require him to write a simple resignation letter addressed to the Secretary of State, just as President Richard Nixon did in 1974. Harris would automatically become president.

Harris temporarily stepping up as president likely would mean she would become the Democratic nominee. This is the path of least resistance: Unlike other potential replacement nominees, she would have immediate access to Biden’s campaign funds, and the party doesn’t have much time to rally around a new nominee. It’s also probably the most democratic option since she has already been elected by voters nationally, unlike other potential candidates. But it would involve unusual procedures at the Democratic convention this August.

To dismiss any question of Biden resigning, however, is to ignore what is not just an electoral issue, but a governance issue at a time when the Supreme Court is vastly expanding executive power. The more powerful the person at the top, the more confidence voters deserve to have that they can perform the duties of their office and be held accountable for the promises they made — not just from 10 to 4.

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