hazlnut
Gold Member
- Sep 18, 2012
- 12,387
- 1,923
Things are unraveling so fast now, but it seems like Pence and congress are still waiting for Mueller to give them something that will protect them from the wrath of the Trump loyalists.
The 25th Amendment -
Section 4: Vice Presidential–Cabinet declaration
Section 4 is the only part of the amendment that has never been invoked.[26] 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" by submitting a written declaration to the President pro tempore of the Senate and the Speaker of the House of Representatives. As with Section 3, the Vice President would become Acting President, not President, and the sitting President would not be removed from office. Unlike Section 3, Section 4 says that when invoked the Vice President "immediately" becomes Acting President.
Section 4 is meant to be invoked should the President's incapacity prevent him from discharging his duties, but he is unable or unwilling to provide the written declaration called for by Section 3. The President must send a written declaration to the President pro tempore and the Speaker of the House to have the presidential powers and duties returned to him. If the Acting President together with a majority of either the principal officers of the executive departments or of other such body as Congress may by law provide believe the President is still incapacitated, they must send a second declaration to that effect to the President pro tempore of the Senate and the Speaker of the House of Representatives.
If not already in session, the Congress must then assemble within 48 hours. The Congress has 21 days to decide the issue. If within the 21 days two-thirds of each house of Congress vote that the President is incapacitated, the Vice President would "continue" to be Acting President. Should the Congress resolve the issue in favor of the President, or make no decision within the 21 days allotted, then the President would "resume" discharging the powers and duties of his office. The use of the words "continue" and "resume" imply that the Vice President remains Acting President during the four day waiting period and while Congress deliberates, and the legislative history of Section 4 makes it clear that its drafters meant for the Vice President to do so.[27] As pointed out by Brian C. Kalt and other academics, the obvious flaw in having the President regain power during the waiting period is that the President could simply fire everyone who voted against him once he regained power.
However, the President may again submit a written declaration of recovery to the President pro tempore and the Speaker of the House. That declaration could be responded to by the Vice President and a majority of the Cabinet in the same way as stated earlier. The specified 21-day Congressional procedure would start again.
That 21 days is going to something books will be written about. Perhaps entire college courses devoted to.
We are living in interesting times. (which is a reference to a Chinese curse)
The 25th Amendment -
Section 4: Vice Presidential–Cabinet declaration
Section 4 is the only part of the amendment that has never been invoked.[26] 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" by submitting a written declaration to the President pro tempore of the Senate and the Speaker of the House of Representatives. As with Section 3, the Vice President would become Acting President, not President, and the sitting President would not be removed from office. Unlike Section 3, Section 4 says that when invoked the Vice President "immediately" becomes Acting President.
Section 4 is meant to be invoked should the President's incapacity prevent him from discharging his duties, but he is unable or unwilling to provide the written declaration called for by Section 3. The President must send a written declaration to the President pro tempore and the Speaker of the House to have the presidential powers and duties returned to him. If the Acting President together with a majority of either the principal officers of the executive departments or of other such body as Congress may by law provide believe the President is still incapacitated, they must send a second declaration to that effect to the President pro tempore of the Senate and the Speaker of the House of Representatives.
If not already in session, the Congress must then assemble within 48 hours. The Congress has 21 days to decide the issue. If within the 21 days two-thirds of each house of Congress vote that the President is incapacitated, the Vice President would "continue" to be Acting President. Should the Congress resolve the issue in favor of the President, or make no decision within the 21 days allotted, then the President would "resume" discharging the powers and duties of his office. The use of the words "continue" and "resume" imply that the Vice President remains Acting President during the four day waiting period and while Congress deliberates, and the legislative history of Section 4 makes it clear that its drafters meant for the Vice President to do so.[27] As pointed out by Brian C. Kalt and other academics, the obvious flaw in having the President regain power during the waiting period is that the President could simply fire everyone who voted against him once he regained power.
However, the President may again submit a written declaration of recovery to the President pro tempore and the Speaker of the House. That declaration could be responded to by the Vice President and a majority of the Cabinet in the same way as stated earlier. The specified 21-day Congressional procedure would start again.
That 21 days is going to something books will be written about. Perhaps entire college courses devoted to.
We are living in interesting times. (which is a reference to a Chinese curse)