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Unable - The Law, Politics, and Limits of Section 4 of the Twenty-Fifth Amendment by Kalt, Brian C (24th October 2019)

Part III Section 4 in “Practice”, 11 Other Questions

From: Unable: The Law, Politics, and Limits of Section 4 of the Twenty-Fifth Amendment

Brian C. Kalt

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 06 July 2020

This chapter addresses a number of issues regarding the use of Section 4. They include: (1) That a President who declares he has recovered can retake power before the four-day waiting period expires, as long as the Vice President or Cabinet agree; (2) That if a dispute case goes to Congress, which has 21 days to decide, the President can retake power earlier than that if he wins a vote before the 21 days are up; (3) That Vice Presidents and Cabinets can declare over and over that the President is unable, and the President can declare over and over that he has recovered—two situations that require careful thought about how deal with them; (4) The unclear matter of whether Cabinet members who are only acting secretaries, temporarily filling vacancies, are allowed to participate in a Section 4 vote.

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