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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 I How Section 4 Works, 3 Trickier 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: 08 April 2020

This chapter asks and answers several questions that Section 4 does not resolve simply with its text. The questions include: (1) Who counts as “the Cabinet?” (2) Can Congress specify a decision maker other than the Cabinet? (3) What if there is no Vice President to invoke Section 4? (4) How are written declarations (of inability and ability) transmitted to Congress? (5) Can the President and Vice President agree to end the waiting period for his return early? (6) Could the Vice President and Cabinet or Congress manipulate the process to keep the President out longer? (7) If the President wins in Congress, does he take back power immediately? (8) What role do the courts have in resolving any disputes, if any?

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