General Discussion
In reply to the discussion: I now believe Trump will be removed from office. [View all]PBC_Democrat
(401 posts)Last edited Sun Jul 15, 2018, 07:12 PM - Edit history (1)
It was enacted after Pres Kennedy was shot and the PTB were concerned about a situation where the President was incapacitated but doesn't die.
They needed a way to remove power from a President who couldn't sign-over power.
Section Four of the 25th allows for the VP and a majority of the cabinet to install the VP as the acting President.
But the kicker is that all the President has to do is deliver a letter to Congress stating that he is able to execute the duties of the office and he is back in.
Had Pres Kennedy been in a coma or otherwise unable to communicate - he would have been unable to sent the resumption of power letter
Text of 25th, section four below:
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.