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CallOfTheFree 3 points ago +3 / -0

It takes the VP and a majority of the officers of the executive departments. There are 15 Cabinet departments. So that's eight individuals plus the VP.

The president can immediately contest with his own declaration that he is competent, but the VP remains in control for at least four days, during which the VP and at least eight Cabinet heads must send another letter to Congress stating the president is incapacitated.

Congress then has 48 hours to assemble to consider the issue of which side is correct. They have up to 21 days to debate, and a two-thirds vote is required in each house to decide the president is incapacitated. If that fails, the president resumes his powers.

TLDR: If Pence and eight Cabinet officials agree the president is unsuited for office, Pence can take control for at least four days plus however long Congress takes to decide the issue.


Two-thirds is the same standard required for impeachment, so... you can kind of think as the 25th Amendment as the Vice President saying "Red alert! Red alert! President has gone crazy and I need a preliminary injunction to remove his power while Congress impeaches him out of office."

The VP and the Cabinet are generally deeply loyal to the president, so you know it must be very serious business if a lot of them are agreeing to impeach the guy. It's a good system.

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deleted 1 point ago +1 / -0