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blitzen

(4,572 posts)
Sun Mar 29, 2020, 06:00 PM Mar 2020

It's time for Pence et al. to divest Trump of authority; 25th amendment, section 4.


Section 4 addresses the case of an incapacitated president who is unable or unwilling to execute the voluntary declaration contemplated in Section 3; it is the amendment's only section that has never been invoked. It allows the vice president, together with a "majority of either the principal officers of the executive departments or of such other body as Congress may by law provide," to declare the president "unable to discharge the powers and duties of his office" in a written declaration. The transfer of authority to the vice president is immediate, and (as with Section 3) the vice president becomes acting president – not president – while the president remains in office, albeit divested of all authority.
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It's time for Pence et al. to divest Trump of authority; 25th amendment, section 4. (Original Post) blitzen Mar 2020 OP
Agree (nm) mikewv Mar 2020 #1
K&R SheltieLover Mar 2020 #2
Needs two-thirds vote of both Houses CloudWatcher Mar 2020 #3
Help is not on the way johnsolaris Mar 2020 #4

CloudWatcher

(1,846 posts)
3. Needs two-thirds vote of both Houses
Sun Mar 29, 2020, 06:06 PM
Mar 2020

The transfer of power is immediate, until the President objects. At which point things get complicated and wind up being decided by a two-thirds vote of both Houses of Congress.

Full text for the google impaired ... see 2nd paragraph:

Section 4.

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.



johnsolaris

(220 posts)
4. Help is not on the way
Sun Mar 29, 2020, 06:06 PM
Mar 2020

Hi,

It is doubtful Pence would be any better, just look at his record. Worst of all he is an evangelical, His first act would probably be a national day of prayer at some local church instead of Sheltering in Place.

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