The amendment states that if, for whatever reason, the vice president and a majority of sitting Cabinet secretaries decide that the president is "Unable to discharge the powers and duties of his office," they can simply put that down in writing and send it to two people - the speaker of the House and the Senate's president pro tempore.
The text was vague on several matters, including on whether the vice president fully becomes president if the sitting president dies or resigns, and on how to fill a vice presidential vacancy in the middle of a term.
The new amendment cleared up that yes, if a president died or resigned or was convicted of impeachment crimes, the vice president would fully become president.
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.
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.
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 Congress would vote on whether the president is in fact "Unable." If two-thirds of both the House and Senate vote that he or she is, then the vice president would remain in charge as acting president.
https://www.vox.com/policy-and-politics/2017/2/9/14488980/25th-amendment-trump-pence
The text was vague on several matters, including on whether the vice president fully becomes president if the sitting president dies or resigns, and on how to fill a vice presidential vacancy in the middle of a term.
The new amendment cleared up that yes, if a president died or resigned or was convicted of impeachment crimes, the vice president would fully become president.
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.
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.
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 Congress would vote on whether the president is in fact "Unable." If two-thirds of both the House and Senate vote that he or she is, then the vice president would remain in charge as acting president.
https://www.vox.com/policy-and-politics/2017/2/9/14488980/25th-amendment-trump-pence
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