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McFatty7 19 points ago +19 / -0

No. The 25th Amendment, Section 4 says:

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

Whether it's the Cabinet, or both chambers of Congress, you need the VP for either route.

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deleted 5 points ago +6 / -1
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DisgustedByMisleadia 6 points ago +6 / -0

The "either" establishes the precedence:

(VP and (either Cabinet or Congress))

But, it only requires a majority if the President willingly goes along with it, or is unable to respond. If the President makes a counter-declaration that he is fit to serve, both the House and Senate must vote within 21 days, and a 2/3rd supermajority vote is required in each.

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UpTrump 5 points ago +5 / -0

Good luck with your supermajority, crazy nancy!

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FireannDireach 2 points ago +3 / -1

Cabinet, or the DOD, DOJ, or such. Executive departments are a pretty long list, but I doubt a letter from the principles from the Department of Agriculture is gonna carry much weight with invoking the 25th. It's the one part of the 25th that's never been invoked, for good reasons.

My worry is that the FBI is gonna go with her on it. They're an executive department, as defined by the Constitution - but she still needs the VP. And, all Trump has to do is write them an official 'I'm fine, you dumb, drunken cunts", and it's a non-issue.

Her going down that path, to me, is clear cut treason. I know it won't happen, but in a just world, Trump would let her try, and when she actually does it, haul her before a military tribunal under charges of treason and insurrection.