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joshcryer

(62,270 posts)
Thu Feb 16, 2017, 03:06 PM Feb 2017

Do we have enough for some brave congressperson to invoke the 25th amendment?

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.

https://en.wikipedia.org/wiki/Twenty-fifth_Amendment_to_the_United_States_Constitution


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Do we have enough for some brave congressperson to invoke the 25th amendment? (Original Post) joshcryer Feb 2017 OP
I was just asking the same thing gopiscrap Feb 2017 #1
Actually, this is the guy he was during his campaign rallies. Grammy23 Feb 2017 #2
The initiative must come from the VP and the Cabinet, not from Congress. Jim Lane Feb 2017 #3
We have no one who can invoke who is brave enough. nt msanthrope Feb 2017 #4
no niyad Feb 2017 #5

Grammy23

(5,810 posts)
2. Actually, this is the guy he was during his campaign rallies.
Thu Feb 16, 2017, 03:12 PM
Feb 2017

They had that guy tied up in a gunny sack in a closet in the family quarters of the White House. He fought his way out and that's who we're seeing today. tRump had to let him out for a romp.

 

Jim Lane

(11,175 posts)
3. The initiative must come from the VP and the Cabinet, not from Congress.
Thu Feb 16, 2017, 03:25 PM
Feb 2017

The procedure is triggered when the VP and the Cabinet declare that the President is incapacitated. Congress could pass a statute designating some body other than the Cabinet for this function, but AFAIK it has not done so.

The second passage you bolded refers to the situation in which the Cabinet says the President is incapacitated and the President says he's fine. Only then does Congress decide the issue.

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