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To: bitt

Section 4 is the applicable section:

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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The way I’m reading it (and no, I’m not a constitutional scholar) is that the VP would become the ACTING President and assume the powers and duties of the office, not that they would remove the sitting President.

Since it’s never been done, I could absolutely be wrong!


11 posted on 08/17/2021 7:47:22 PM PDT by Spirit of Liberty (~Truth does not mind being questioned. A lie does not like being challenged.~)
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To: Spirit of Liberty

the democrats will do whatever they want and get away with it


13 posted on 08/17/2021 7:49:53 PM PDT by JerryBlackwell (some animals are more equal than others)
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To: Spirit of Liberty
"I'm in charge" Alexander Haig...

Back when

19 posted on 08/17/2021 7:54:35 PM PDT by Deaf Smith (When a Texan takes his chances, chances will be ta.ken that's for sure.)
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To: Spirit of Liberty

You are correct. I have added the possibility that Harris will be pitched in Post #26. We know she is just as useless as Biden.


27 posted on 08/17/2021 8:03:26 PM PDT by jonrick46 (Leftnicks chase illusions of motherships at the end of the pier.)
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To: Spirit of Liberty
The way I’m reading it (and no, I’m not a constitutional scholar) is that the VP would become the ACTING President and assume the powers and duties of the office, not that they would remove the sitting President.
Since it’s never been done, I could absolutely be wrong!

I read it the same way. It seems pretty clear that the Amendment is intended for a case where the President is physically incapacitated due to illness.

If the President contests the issue, then he re-assumes his office, unless Congress, by a 2/3 vote of BOTH houses votes in favor of continuing the VP being in charge.

Notice that 2/3 of both houses is a HIGHER bar than impeachment, which just needs 2/3 of the Senate.

This means that a 25th Amendment removal is HARDER than impeachment.

52 posted on 08/18/2021 5:46:01 AM PDT by SauronOfMordor (A Leftist can't enjoy life unless they are controlling, hurting, or destroying others)
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