who decides if the president is incapacitated
The Congress must then assemble within 48 hours if not in session. The Congress then has 21 days to decide the issue. If within the 21 days allotted two-thirds of each House of Congress vote that the President is incapacitated, Section 4 states that the Vice President would continue to be Acting President.ection 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress. Section 3.