Does Amendment 25 -4 leave out the Judicial branch or can Congress

[CK_John]

appoint the court to form a committee to give a decision?

[PoliticAverse]

1. It is only 2 paragraphs long...

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.

The Judicial branch isn't mentioned in it at all, but note that:

or of such other body as Congress may by law provide,

meaning that Congress could pass a law passing the decision to whatever group of people they want.

[exboyfil]

2. I don't think a challenged 25-4

stands a chance. Trump would just petition to return to his position. The way the law is written Trump remains President. Pence is just acting as President. So we could get a continual month long review cycle until you don't get 2/3 of each House of Congress. At that point Trump would fire any Cabinet officials disloyal to him.

[CK_John]

3. If he/she cannot preform their duties they would be unable to fire anyone.

[exboyfil]

5. If he petitions and 2/3rds of each House don't agree he is disabled

Then Trump is able to act as President again. Of course then Pence and half the Cabinet could declare him unfit again, and the whole process continues. If I was Trump I would have Executive Orders signed and ready to go once Congress fails the 2/3rds vote firing all disloyal Cabinet members.

In effect Amendment 25-4 is like the Walking Dead version of Impeachment except it is harder since you don't need a majority of the House, but 2/3rds of the House.

[jmg257]

4. Since it has never been invoked, I do not think congress has passed such a law. So, the executive

dept secretaries get to make the decision.

The heads of the federal executive departments, known as secretaries of their respective department, form the traditional Cabinet of the United States, an executive organ that serves at the disposal of the president and normally acts as an advisory body to the presidency.
...
The Cabinet of the United States is composed of the most senior appointed officers of the executive branch of the federal government of the United States serving under the President of the United States, among those are the Vice President and the heads of the federal executive departments: all of whom are by federal law (3 U.S.C. § 19) in the line of succession of to the presidency and have duties under the 25th Amendment to the Constitution.