– Pence and eight (of fourteen) Cabinet members can declare the President unfit to serve, subject to objection by the President and ratification by Congress:
Whenever … Vice President [Pence] and a majority of … the principal officers of the executive departments [the Cabinet] … 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, … Vice President [Pence] shall IMMEDIATELY ASSUME THE POWERS AND DUTIES OF THE OFFICE AS ACTING PRESIDENT [my caps].
– If the President objects, the VP remains acting President and has FOUR days along with the Cabinet majority to resubmit their declaration:
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.
– If the declaration is resubmitted within 4 days, Pence remains acting President until the Senate and House decide the issue. Congress has 21 days to decide by two-thirds majority vote in both Houses. If not in session, Congress has 48hrs to convene. They then have 21 days to decide while Pence remains acting President. If Congress fails to uphold the declaration, Trump resumes the Presidency:
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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