# 25th Amendment section 4, why is no one talking about this? **URL:** \ **Category:** Politics & Elections\ **Created:** [December 22, 2020, 2:48pm UTC](https://boards.straightdope.com/t/25th-amendment-section-4-why-is-no-one-talking-about-this/928647 "2020-12-22T14:48:40Z")\ **Posts on this page:** 15\ **Page:** 6
**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\ **Post date:** [January 7, 2021, 9:27pm UTC](https://boards.straightdope.com/t/25th-amendment-section-4-why-is-no-one-talking-about-this/928647/101 "2021-01-07T21:27:07Z")
But trump can object to the execution of the 25th, and then it takes a long time to resolve. Removal by impeachment could be completed in 3 hours if they vote fast and then it’s final. ---
**Author:** ![TroutMan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/troutman/32/6721_2.png) [@TroutMan](https://boards.straightdope.com/u/TroutMan)\ **Post date:** [January 7, 2021, 9:29pm UTC](https://boards.straightdope.com/t/25th-amendment-section-4-why-is-no-one-talking-about-this/928647/102 "2021-01-07T21:29:06Z")
It can take a while to resolve, but he doesn’t regain his powers during that time. From the linked article above: > If the president says no inability exists, he does not take power back immediately. He starts a four-day waiting period. The vice president and the Cabinet have four days to reassert that the president is unable. During those four days, the vice president remains in charge. ---
**Author:** ![nelliebly](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nelliebly/32/5422_2.png) [@nelliebly](https://boards.straightdope.com/u/nelliebly)\ **Post date:** [January 7, 2021, 9:44pm UTC](https://boards.straightdope.com/t/25th-amendment-section-4-why-is-no-one-talking-about-this/928647/103 "2021-01-07T21:44:46Z")
Theoretically, impeachment could happen fairly quickly, but in actuality, I have my doubts. First, you’d have to convince members of the House to forgo the “This’ll look great in my next campaign” speeches and posturing they love so much. Second, it’s in Trump’s interest to drag out the Senate trial, and his legal defense team will attempt to do so. A quick impeachment would require a level of cooperation and compliance we haven’t seen in a long time. I’d love to be convinced otherwise. ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [January 7, 2021, 9:46pm UTC](https://boards.straightdope.com/t/25th-amendment-section-4-why-is-no-one-talking-about-this/928647/104 "2021-01-07T21:46:33Z")
Obviously, removing him from office either way would be four years too late, but still I’d like to see it happen, purely because I want people in the future to recognize that he was the only (or the first) president to be removed from office. ---
**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\ **Post date:** [January 7, 2021, 9:47pm UTC](https://boards.straightdope.com/t/25th-amendment-section-4-why-is-no-one-talking-about-this/928647/105 "2021-01-07T21:47:02Z")
The 25th requires 2/3 of both houses to support it for it to stick. But I suppose all the speechifying could be done while he’s not actually holding the keys. ---
**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\ **Post date:** [January 7, 2021, 9:53pm UTC](https://boards.straightdope.com/t/25th-amendment-section-4-why-is-no-one-talking-about-this/928647/106 "2021-01-07T21:53:34Z")
It doesn’t have to stick. Congress has 21 days to vote (if the President objects), so if they do nothing but speechify Trump’s term will have expired. ---
**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\ **Post date:** [January 7, 2021, 9:56pm UTC](https://boards.straightdope.com/t/25th-amendment-section-4-why-is-no-one-talking-about-this/928647/107 "2021-01-07T21:56:21Z")
I confess, I thought the president got his power back when he objected, until congress acted. ---
**Author:** ![Kolak\_of\_Twilo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kolak_of_twilo/32/73_2.png) [@Kolak\_of\_Twilo](https://boards.straightdope.com/u/Kolak_of_Twilo)\ **Post date:** [January 7, 2021, 9:56pm UTC](https://boards.straightdope.com/t/25th-amendment-section-4-why-is-no-one-talking-about-this/928647/108 "2021-01-07T21:56:27Z")
The statute gives Congress 21 days to debate and give assent. During that time the VP is Acting POTUS. Since Biden will takeover in less than two weeks the assent of Congress becomes moot. eta ninja’d by Colibri. Curses. ---
**Author:** ![nelliebly](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nelliebly/32/5422_2.png) [@nelliebly](https://boards.straightdope.com/u/nelliebly)\ **Post date:** [January 7, 2021, 10:00pm UTC](https://boards.straightdope.com/t/25th-amendment-section-4-why-is-no-one-talking-about-this/928647/109 "2021-01-07T22:00:35Z")
After the 25th in invoked, the president has four days to prove he’s fit. If he can’t, Congress has 21 days to debate and vote. Do those four days have to elapse before Congress can begin the official debate? It would seem so. I believe Trump presents a clear and present danger and that he needs to go immediately. I don’t see that happening. I’m hoping he’s being sedated or something. I realize that scenario presents its own issues, but I’m out of ideas. ---
**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\ **Post date:** [January 7, 2021, 10:00pm UTC](https://boards.straightdope.com/t/25th-amendment-section-4-why-is-no-one-talking-about-this/928647/110 "2021-01-07T22:00:36Z")
It could actually take up to 27 days to be resolved. Once the 25th is invoked, the VP takes over as acting president. If the President objects, the VP has 4 days to reply. Then Congress has 2 days to reconvene. Then they have 21 days to vote. Pence remains in charge until there is an outcome of that vote. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [January 8, 2021, 12:49am UTC](https://boards.straightdope.com/t/25th-amendment-section-4-why-is-no-one-talking-about-this/928647/111 "2021-01-08T00:49:07Z")
But if the Prez objects, > [@](#): > > … 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. So there is a four day window when the Prez resumes his authority, unless the Veep and principal officers send antoher note to the Speaker and president pro tem. Ping pong. ---
**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\ **Post date:** [January 8, 2021, 1:49am UTC](https://boards.straightdope.com/t/25th-amendment-section-4-why-is-no-one-talking-about-this/928647/112 "2021-01-08T01:49:49Z")
> [@Northern\_Piper](#): > > So there is a four day window when the Prez resumes his authority, unless the Veep and principal officers send antoher note to the Speaker and president pro tem. He doesn’t resume his powers within those four days. The VP/Cabinet have four days to respond, during which the VP is still acting president. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [January 8, 2021, 2:33am UTC](https://boards.straightdope.com/t/25th-amendment-section-4-why-is-no-one-talking-about-this/928647/113 "2021-01-08T02:33:14Z")
Quite right. Misread it. ---
**Author:** ![sciurophobic](https://avatars.discourse-cdn.com/v4/letter/s/cab0a1/32.png) [@sciurophobic](https://boards.straightdope.com/u/sciurophobic)\ **Post date:** [January 9, 2021, 5:08am UTC](https://boards.straightdope.com/t/25th-amendment-section-4-why-is-no-one-talking-about-this/928647/114 "2021-01-09T05:08:51Z")
The Democrats are looking to pass legislation to implement the “such other body as Congress may by law provide” clause of section 4 as another way to remove Trump. [As calls increase for Trump’s removal, Maryland Rep. Jamie Raskin’s 25th Amendment legislation comes into play](https://www.baltimoresun.com/politics/bs-md-jamie-raskin-25th-amendment-20210109-5xwec76imvhrth7zfh76txotfq-story.html) ---
**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\ **Post date:** [January 9, 2021, 3:46pm UTC](https://boards.straightdope.com/t/25th-amendment-section-4-why-is-no-one-talking-about-this/928647/115 "2021-01-09T15:46:02Z")
Yeah, but since it’s legislation it can be vetoed by the President and would need 2/3 of each chamber to override. Might as well impeach. [Previous page](https://boards.straightdope.com/t/25th-amendment-section-4-why-is-no-one-talking-about-this/928647.md?page=5)