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Senate Judiciary Subcommittee on the Constitution Chairman Eric Schmitt asks University of Virginia School of Law James Madison Distinguished Professor John Harrison at a Senate Judiciary Subcommittee on Federal Courts, Oversight, Agency Action and Federal Rights Chairman Ted Cruz says at a hearing on President Biden's fitness in office whether the Constitution should be amended to allow impeachment for incapacitation beyond the 25th Amendment, to which Harrison responds that there's a long-standing question about whether impeachment is appropriate for inability rather than misconduct, noting historical doubts about judges impeached for incapacity, and suggesting that if Congress considers constitutional amendments, they should think about adapting impeachment to address inability.