25th Amendment Question

[Potestas]

The Surprisingly Easy Way to Get Rid of Donald Trump | The Resistance with Keith Olbermann | GQ

I watched the video above out of curiosity and a question has come into my head.

Can’t a President upon writing to say he is reassuming the office of Presidency and is fully capable of doing so also say that he is firing the entire cabinet and replacing them and thus nullifying the ability of the cabinet to declare him incompetent again?

Would it then fall to Congress to declare him incompetent or for Congress to appoint a body under law to declare and decide if he is competent to occupy the office of the Presidency?

[Kent_Clark]

Read Section 4 of the Amendment

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.

So, if the President says he’s competent, the VP and Cabinet have four days to challenge the claim. But yes, it’s up to Congress to be the final arbiter if the P and VP disagree.

[Exapno_Mapcase]

This is one of the zillion scenarios that are not specifically covered by the text, because crazy hypotheticals are not written into law.

In practice, if the President did fire the entire Cabinet to ensure that they didn’t declare him or her incompetent then I assume impeachment hearings would commence immediately.

[Little_Nemo]

Section 4 also 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 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.

So a President can’t avoid removal just by dissolving his cabinet. Congress would just appoint its own group to make the determination (perhaps even the fired cabinet officials). This also means that a President can’t avoid being removed just because the Vice President refuses to sign the document.