Section 4 addresses the case of an incapacitated president who is unable or unwilling to execute the voluntary declaration contemplated in Section 3; it is the amendment's only section that has never been
invoked. It allows the vice president, together with a "majority of either the principal officers of the executive departments or of such other body as Congress may by law provide", to declare the president "unable to discharge the powers and duties of his office" in a written declaration. The transfer of authority to the vice president is immediate, and (as with Section 3) the vice president becomes acting president – not president – while the president remains in office, albeit divested of all authority.[SUP]
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The "principal officers of the executive departments" are the fifteen
Cabinet members enumerated in the
United States Code at 5 U.S.C 101:[SUP]
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A president thus declared unable to serve may subsequently issue a declaration stating that he is able. This marks the beginning of a four-day period during which the vice president remains acting president.[SUP][10][/SUP][SUP][11][/SUP][SUP]:38n137[/SUP] If by the end of this period the vice president and a majority of the "principal officers of the executive departments" have not issued a second declaration of the president's incapacity, then the president resumes his powers and duties.
If a second declaration of incapacity is issued within the four-day period, then the vice president remains acting president while Congress considers the matter. If within 21 days the Senate and the House determine, each by a two-thirds vote, that the president is incapacitated, then the vice president continues as acting president; otherwise the president resumes his powers and duties.[SUP]
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Section 4's requirements for the vice president to remain acting president indefinitely – a declaration by the vice president together with a majority of the principal officers or other body, then (if the president makes a counter-declaration) a two-thirds vote of the House and a two-thirds vote of the Senate – contrasts with the Constitution's procedure for removal of the president from office for "high crimes and misdemeanors" – a
majority of the House (Article I, Section 2, Clause 5) followed by two-thirds of the Senate (Article I, Section 3, Clause 6).[SUP]
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