During remarks on the Senate floor Tuesday, Sen. John Cornyn (R-TX) previewed a hearing into an alleged cover-up of President Biden's 'cognitive decline' while in office.
00:00Mr. President, as every high school student of government knows, the Constitution of the
00:08United States of America provides for three co-equal branches of government. The legislative
00:15branch under Article I, the judicial branch under Article III, and the executive branch under
00:22Article II. What I'd like to talk about briefly is the role of the chief executive, the president
00:31of the United States. Under our Constitution, the president has vast authorities. The chief executive
00:40enforces federal laws, oversees the entire federal executive branch of government, manages federal
00:47agencies and departments, includes appointing and removing high-ranking officials like cabinet
00:54members and agency heads, subject to Senate confirmation for certain positions. The
01:00president of the United States, the chief executive, is also the commander-in-chief. He leads our
01:07armed forces and directs military operations. While only Congress can declare war, the president
01:15can deploy troops and respond to immediate threats, often with congressional authorization, but not
01:22always. The president, the chief executive, the head of the executive branch can grant pardons and
01:30reprieves for federal crimes except in cases of impeachment. This power is nearly absolute and cannot
01:38be overturned. The president also has legislative powers in the form of a veto. He can veto legislation passed by
01:49Congress, preventing those acts of Congress from becoming law, unless both chambers override that veto with a
01:56two-thirds majority vote. And while the president is not a legislator per se, he can propose legislation, and often does.
02:08And influences the legislative agenda by proposing budgets, delivering the State of the Union address, and advocating for certain policies.
02:18The president can, the chief executive of our government, call special sessions of Congress, and in rare cases, actually adjourn Congress, if the House and the Senate cannot agree on adjournment.
02:34The head of the executive branch, the president of the United States, is also our chief diplomat.
02:40He shapes U.S. foreign policy, negotiates treaties, and appoints ambassadors with Senate confirmation.
02:48The president can also enter into executive agreements with foreign nations, which do not require Senate approval, but are binding during that president's term.
02:59The president is also, as part of his diplomatic powers, serves as our primary representative in international relations.
03:11And then when it comes to judges, the Article III branch, the president of the United States, the head of the executive branch,
03:19nominates federal judges, including Supreme Court judges, obviously subject to Senate confirmation, as well as members of the inferior judiciary.
03:34Though the Justice Department and the Solicitor General, through the Justice Department and the Solicitor General, the president can also influence legal interpretations in cases brought before federal courts.
03:46In addition, the president of the United States, the chief executive, can issue executive orders, as we've seen, or directives or proclamations to manage federal operations or implement policy, provided they align with existing law, of course, or constitutional authority.
04:06Then, in times of crisis, the president of the United States may assume broader authority under statutes like the National Emergencies Act, although such actions are subject to congressional oversight and review.
04:22And then there are the implied powers, as they've been called.
04:26Historical precedent and constitutional interpretation allow the president some flexibility in areas like national security, economic management, and crisis response.
04:40These are the powers that the Constitution and laws of the United States confer upon the head of the executive branch, the president of the United States.
04:54The president of the United States, of course, is elected by all the American people.
05:00But what, what are we to do when the president of the United States is incapable of performing the duties of his office?
05:11Who is it that purports to act for the president if the president is incapable of acting himself?
05:22Well, this was something that was contemplated even as far back as the Federalist Papers during the founding of our country.
05:32Alexander Hamilton wrote in Federalist 70,
05:36Energy in the executive is the leading character in the definition of good government.
05:41It's essential to the protection of the community against foreign attacks and to the steady administration of the laws.
05:49Hamilton also warned of the dangers associated with a weak executive or a weak president.
05:58He said a feeble executive implies a feeble execution of the government.
06:04A feeble execution is but another phrase for bad execution.
06:09And a government ill executed, whatever it may be in theory, must be in practice bad government.
06:16Well, unfortunately, Alexander Hamilton's warnings ring true when we consider the presidency of Joe Biden.
06:27A weak, feeble executive who proved incapable of performing many of the duties of his office.
06:35Last June, during the presidential debate, the American people saw with their own eyes what many had known to be true but would not admit publicly.
06:47Our sitting commander-in-chief was suffering from severe cognitive decline.
06:53We now know that there was a conspiracy to hide the president's true condition by his family, by his staff, by the media, and by many public officials.
07:08We were told over and over again, don't believe your lying eyes.
07:14Jake Tapper, who co-authored a mea culpa for the journalism profession, summed it up this way.
07:23Quote, what the world saw at Joe Biden's one and only 2024 debate was not an anomaly.
07:30It was not a cold. It was not someone who was under or over-prepared.
07:36It was not somebody who was just a little tired.
07:39It was the natural result of an 81-year-old man whose capabilities had been diminishing for years.
07:46Biden, his family, and his team let their self-interest in fear of another Trump term justify an attempt to put an at-times-addled old man in the Oval Office for four more years.
08:03Close quote.
08:06Mr. President, this is a true constitutional crisis, bigger than President Biden,
08:12and it cannot be absolved by a collective apology by the press or an election where that president's party lost.
08:21We should know, the American people should know and still do not know,
08:27precisely what should happen when a president is incapable of performing his or her constitutional duties.
08:34Tomorrow I'll be co-chairing, along with my colleague from Missouri, Senator Eric Schmidt,
08:41and the Senate Judiciary Committee, a hearing to delve into the constitutional implications of President Biden's cognitive decline while in office.
08:53At that hearing, we'll begin to address some of the many unanswered questions from this scandal,
08:58questions that are foundational to the functioning of our form of government.
09:04One of the aims of the hearing will be shining a light on what exactly went on at the White House during the Biden administration.
09:14The chain of events that occurred within the Biden administration matters,
09:19and we cannot discount it merely because he is no longer in office.
09:25With a compromised president, the very legitimacy of our government is undermined.
09:33From the Biden border crisis to the disastrous results from the withdrawal in Afghanistan,
09:39the American people were the ones who paid the price.
09:42And it's now clear that for many months, no one knows exactly how long,
09:48the president was simply not up to the task.
09:52So we have to ask difficult questions.
09:57Like, who was really in charge during the last months of the Biden administration?
10:03Was it his wife?
10:05Other members of his family?
10:07Was it his chief of staff?
10:10Was it others?
10:12Well, none of these individuals, whoever they may be, were elected by the American people.
10:19Whoever happened to be making those decisions and carrying out the duties of the office of president
10:27was not somebody who was authorized by the Constitution or by a vote of the American people.
10:34This, Mr. President, is an existential threat to our democratic republic.
10:42This threat.
10:45And it cannot be ignored.
10:47And it will not be ignored.
10:49History tells us this state of affairs was reminiscent of the Wilson presidency,
10:58where the First Lady assumed many of her husband's duties during his infirmity,
11:03but kept it secret from the American people.
11:08It was one of the events that inspired those who drafted the 25th Amendment of the United States Constitution.
11:16Certainly, the American people did not consent to being governed by Jill Biden,
11:23and they didn't elect the White House chief of staff or whoever else purported to act on the president's behalf.
11:32The hearing we'll hold tomorrow on the Judiciary Committee will examine in depth these constitutional questions
11:39and what happens when the president is no longer capable of performing the duties of his office.
11:46Our country has faced many difficult challenges in the past, including of succession for presidents,
11:54for example, when John F. Kennedy was assassinated in 1963.
12:00In the aftermath of that assassination and the questions it raised,
12:04Congress began considering a constitutional amendment about presidential succession.
12:11In 1965, Senators Birch Bayh and Representative Emanuel Seller introduced a resolution in Congress
12:19to clarify the order and procedures of presidential succession.
12:24This resolution was the basis for the 25th Amendment,
12:28which Congress approved in July of that same year.
12:32And, of course, for every constitutional amendment,
12:37every state must actually, three-quarters of the state must actually ratify that resolution.
12:44And the states finished ratifying the 25th Amendment in 1967 after it was first proposed in 1965.
12:54And President Lyndon Johnson certified the amendment that February.
13:00The 25th Amendment to the Constitution provides a roadmap for succession
13:05in instances of presidential incapacity.
13:10Section 4 gives the vice president, in this case Vice President Harris,
13:16or a majority of the president's cabinet, that would be President Biden's cabinet,
13:22it gives them the authority to challenge the president's ability to carry out the functions of his office
13:28subject to a vote in Congress.
13:31But in this instance that we all witnessed less than a year ago,
13:38Kamala Harris and the cabinet did nothing.
13:43Or rather they did something.
13:45They hid the truth from the American people.
13:48So who, Mr. President, this hearing will ask, is accountable when the cabinet fails to do its duty,
13:59when the vice president fails to do her duty under Section 4 of the 25th Amendment?
14:06Are there penalties for failing to act?
14:12Is there any accountability whatsoever?
14:15Should there be?
14:18The framers of this amendment wanted it to be possible, yet difficult, to remove a president when absolutely necessary.
14:28Ultimately, though, they acknowledged that the execution of the 25th Amendment would depend on the good faith of the cabinet and the vice president.
14:39But Biden's cabinet did not act in good faith, nor did the vice president herself.
14:48They acted in their political and personal self-interest.
14:54This is the paradox of self-government.
14:59Many of the rules, traditions, and institutions that sustain our republic are self-executing, self-enforcing.
15:07And so the health and legitimacy of our democratic republic rests on the character of the men and women who serve in government.
15:16This brings us to the most crucial questions we will address in the hearing.
15:22Why was the 25th Amendment not invoked?
15:25And what factors do we need to look at that may have played a role in congressional inaction?
15:32Most importantly, as part of our legislative responsibilities, should Congress consider amending the 25th Amendment further to further clarify responsibilities and protocols in case this disaster befalls our nation again?
15:53As a government, as an American people, it's imperative that we have clear contingency plans when emergency strikes.
16:03And yes, it is an emergency when we have a sitting president who's unable to discharge the duties of his office.
16:12He certainly could not have been trusted to make one of the gravest decisions that faces any president in history, what to do in matters of war and peace.
16:23A situation that feels all that much more real given the current events in the Middle East.
16:31The concerns raised by this incident stretch beyond the boundaries of partisan politics.
16:39We must not turn away from the search for answers.
16:44And it is not an overstatement to say the future of our country could one day hinge on how we choose to act or not act on this issue.
16:56So tomorrow's hearing is the first important step in preserving this land of the free for future generations.
17:05In these United States, those in authority derive their power from the consent of the governed.
17:12But during much of the last four years, we know that our country was largely led by unelected staff whose names are unknown by the American people.
17:24I look forward to tomorrow's hearing examining these hard but existentially important questions that must be answered from this monumental scandal.
17:41Mr. President, I yield the floor and note the applicable.
Be the first to comment