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brooklynite

(94,679 posts)
Wed Jan 6, 2021, 10:23 PM Jan 2021

Before you get excited over the 25th Amendment, read 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.

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Before you get excited over the 25th Amendment, read Section 4: (Original Post) brooklynite Jan 2021 OP
I don't think they considered the possibility that a president would go completely nuts. The Velveteen Ocelot Jan 2021 #1
Yes, but right at the end... servermsh Jan 2021 #2
That section notwithstanding, were it exercised today Still Sensible Jan 2021 #3
This. And while he was evaluated or refusing evaluation, Hortensis Jan 2021 #9
Constitutional hardball: unblock Jan 2021 #4
I have a guest room. The democratic senator pro tempore can stay with me. FSogol Jan 2021 #6
Cabinet would immediately challenge Trump's response to being removed. NYC Liberal Jan 2021 #5
The leadership just never lets the matter reach a floor vote before the 20th Klaralven Jan 2021 #10
Before the 21 days was up, his term would expire and Biden would be sworn in, right? fishwax Jan 2021 #7
yes onenote Jan 2021 #11
Kicking underpants Jan 2021 #8
Nice to dream question everything Jan 2021 #12

servermsh

(913 posts)
2. Yes, but right at the end...
Wed Jan 6, 2021, 10:25 PM
Jan 2021

It says "the Vice President shall continue to discharge the same as Acting President"

That means Pence is acting president until the dust settles, which would be up to the inauguration.

Hortensis

(58,785 posts)
9. This. And while he was evaluated or refusing evaluation,
Wed Jan 6, 2021, 11:54 PM
Jan 2021

running out the clock, congress could proceed with impeachment -- and then to trial in the senate after he was no longer president. I am concerned that the 25th be invoked for proper cause. Otherwise, it's a coup. or attempted coup if evaluation established that he was able to fulfill his duties.

unblock

(52,286 posts)
4. Constitutional hardball:
Wed Jan 6, 2021, 10:32 PM
Jan 2021

- swear in the Georgia democrats
- elect a democratic senator pro tempore
- remove Donnie by 25.4
- senator pro tempore goes into hiding until Biden is president, can't be reached, doesn't open mail or read texts.

Unable to notify the president pro tempore, Donnie is frozen out.

NYC Liberal

(20,136 posts)
5. Cabinet would immediately challenge Trump's response to being removed.
Wed Jan 6, 2021, 10:34 PM
Jan 2021

While Congress decides he would remain removed.

The tricky bit is getting 2/3 of both houses to keep him out — but that may actually be possible now. Especially give that it’s only for a couple weeks and he’s out on the 20th anyway.

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