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jberryhill

(62,444 posts)
1. Just read the amendment
Sun Nov 18, 2018, 06:41 PM
Nov 2018

It’s in plain English and describes the process. It’s not a mystery.

There are a couple of scenarios which can occur:

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.

————


What you are asking is “What happens after the ‘serve’ in a ping pong game?”

ProudMNDemocrat

(16,791 posts)
3. Donnie will see this move as DISLOYALTY to him not what is best for the Country....
Sun Nov 18, 2018, 06:44 PM
Nov 2018


Trump will attack like a rabid dog with his vileness, using Twitter to rile up his dwindling base.

DonViejo

(60,536 posts)
4. Given the President or the Vice President are the only ones that can ask for such a vote, & neither
Sun Nov 18, 2018, 06:52 PM
Nov 2018

are likely to be asking for that, why worry about it?

no_hypocrisy

(46,191 posts)
6. I brought this up just because last week:
Sun Nov 18, 2018, 07:06 PM
Nov 2018

1) Trump seemed to doubt the loyalty of his Vice President, and

2) Trump hinted that he was ready to replace several of his Cabinet.


Coming from the Machiavelli School of Politics (or Medici), if I were the Cabinet expecting to be thrown out on my ass, I'd huddle with the VP, promising to make his President before Trump fired me.

FakeNoose

(32,767 posts)
7. There is no Vice President pro tem until the VP leaves the Senate to be the acting President
Sun Nov 18, 2018, 07:09 PM
Nov 2018

Under normal circumstances, the Vice President remains leader of the Senate until he's needed to fill in for the President. When he leaves, they elect a new Senate leader, who's called the Vice President pro tem.

So your scenario would be a Catch-22 because the Vice President can't be in 2 places at the same time.

When Ronald Reagan was shot and in the hospital for a few days, George H.W. Bush left the Senate and became acting President for a few days while Reagan was in the hospital. I don't think it was long enough that the Senate had time to elect a new VP pro tem.

Reagan was never in danger of actually dying, and he was conscious the whole time. But if things had gone differently, maybe if he had gone into a coma (or worse), they could have activated the 25th Amendment to remove him from office and name Bush1 as the President. However if that had happened, there would already be a VP pro tem elected to lead the Senate.

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