25th Amendment, Section 4: Vice Presidential–Cabinet declaration

[Avatar4321]

And unicorns will fly.

 

[sealybobo]

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.

More: 25th Amendment

I'm hearing more and more people talking about the 25th Amendment, Section 4, with regard to Pence removing Trump from office.

The anonymous author of “A Warning,” reportedly a current or former White House official, said talk of removing Trump escalated after Comey was fired.

Vice President Mike Pence would support the use of the 25th Amendment to have President Donald Trump removed from office because of mental incapacity.

White House officials did a back-of-the-envelope tally of which Cabinet members would be prepared to sign a letter invoking Section 4 of the 25th Amendment to the Constitution, which says that if the president is deemed unfit to discharge the duties of his office, the vice president would assume the role.

According to Anonymous, there was no doubt in the minds of these senior officials that Pence would support invoking the 25th Amendment if the majority of the Cabinet signed off on it.

The discussions about invoking the 25th Amendment took place, according to the book, soon after FBI Director James Comey was fired by the president. Comey’s firing, which was done without any warning or consultation with Congress, led to the appointment of special counsel Robert Mueller, who was charged with investigating Russian interference in the 2016 campaign and possible obstruction of the probe from the Trump administration.

The controversy around the firing, which the president did not appear to anticipate, and Mueller’s appointment infuriated Trump, and aides described his behavior at the time to HuffPost and other news publications as “unhinged.”

The book says that Trump’s behavior at the time was so erratic that it ignited the internal discussions about the 25th Amendment.

In the past two years, Trump has systematically removed Cabinet officials who would potentially challenge his presidency, making the prospect of invoking the 25th Amendment today a near impossibility.

Months later, in an interview with the CBS newsmagazine “60 Minutes,” Acting FBI Director Andrew McCabe, who was later fired by the president and remains the target of a federal criminal investigation, confirmed that Rosenstein had discussed the idea of invoking the 25th Amendment with Cabinet members.

 

[whitehall]

Does the 25th Amendment mention a "political coup"?

 

[sealybobo]

Does the 25th Amendment mention a "political coup"?

If Trump's cabinet tells us he's crazy and unfit and you don't believe them either, doesn't that make you crazy?

 

[sealybobo]

Does the 25th Amendment mention a "political coup"?

Why would Trump pick people who would coup him? He told us he would surround himself with the best and brightest. Remember, these are Trump's people who would be the ones removing him. So are even Trump's people part of the deep state?

If the president and Cabinet disagree about the president’s ability to serve, it would go to Congress to be voted on, with a two-thirds majority vote to remove the president from power.

Sen. Graham implied the conversation was an “attempted bureaucratic coup.”

Sen. Graham won’t find much to “get to the bottom” of in this case. As the 25th Amendment is part of the constitution, the discussion of invoking it isn’t a coup or considered unconstitutional. It was developed for that very reason. As individuals, the intelligence officials are granted the constitutional right to have that conversation.

The process of considering whether the president is able to carry out his duties, that’s why we have the 25th Amendment, that’s why it was necessary. How can it be unconstitutional if it’s in the constitution?

 

[meaner gene]

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.

More: 25th Amendment

I'm hearing more and more people talking about the 25th Amendment, Section 4, with regard to Pence removing Trump from office.

This will be put to the test.

 

[BertramN]

It's extremely doubtful the impeached president trump has more than a runny nose due to allergies, if that.

His COVID diagnosis means he will be unavailable to screw up another debate.

He should be completely recovered by November 1st, and prepared to dispute election results without missing a step.


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