Someone on GAW introduced me to the "Ford Play" yesterday. Nixon's VP was originally Spiro Agnew. Agnew resigned in 1973 over an income tax scandal and was replaced by Gerald Ford. Less than a year later, Nixon resigned and Ford became POTUS without ever receiving a vote. This is something to keep in mind.
edit: There is potentially a Constitutional loophole that could even allow for Obama himself to become POTUS for a third term. The 22nd amendment prohibits anyone from being "ELECTED" to POTUS more than twice, but as you can see from the Ford Play above, Ford was never elected to POTUS at all. Something else to keep in mind.
edit 2: since I got stickied (Thanks), I want to add that I'm not making a prediction here at all. Even if research on this idea checks out, I would still say that it's only one of many possible DS plans. Not all plans get used. Not all plans work out. Just something to keep in mind.
Not exactly.
Section 3 discusses the president willingly initiating the temporary "stepping away" (my paraphrase) by submitting a written statement to the Speaker and President Pro Tempore (PPT), not Congress, just to these 2 individuals. Under this process, POTUS resumes powers and duties after he writes back to these 2 individuals. Think of it as voluntary check-in to rehab, but in verse, instead of going in and coming out as you please, it's leaving and returning as you please.
But in a Section 4 situation, if the VP+ (majority of cabinet etc) submit the note to the Speaker&PPT, POTUS can resume powers by writing to the Speaker&PPT to declare absence of inability UNLESS within 4 days VP+ tells Speaker&PPT that no, POTUS is not fit, in which case then Congress gets looped into the process. Congress, if not in session, is supposed to be assembled within 48 hours to vote on the matter. They have 21 days to act on the matter and if 2/3 (ambiguity as to 2/3 in each, 290 House AND 66 Senate, OR 356 of the total... "both" implies the latter, and it would be a joint session, which usually means a total vote of Congress) side with VP+, then POTUS remains "unfit." Note that during this period, VP is acting POTUS. Also to note, this isn't talking about permanent removal from office, which can only be as the result of death, resignation or impeachment. Theoretically, the VP+ and Congress could essentially confine the sitting POTUS to the "bench/IR" so to speak, indefinitely, while the VP (or Speaker, or PPT etc.) acts as POTUS with all powers and duties.
While the original intent of this amendment (1963-65) is innocent on its face, to deal with the recent specific issue of JFK being assassinated, the reality is that the issue had been ambiguous and unresolved for a long time... His Ascendency, John Tyler... Fillmore, Johnson, Arthur, TR, Cal, FDR... the issue of "disability" was more dealing with cases like Wilson and FDR. Yes, the intent was to deal with innocuous circumstances like illnesses etc. but the law still covers vacancy situations in general, regardless of how those circumstances come bout. Given everything that we've learned over the years, it's quite possible that through a coordinated effort, power could be utilized to manipulate situations into making everything fit "according to the law."
Have you watched "House of Cards"? ;)