this post was submitted on 22 Mar 2026
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Initially, that is correct. Vance and a majority of the cabinet (Technically, the heads of the various executive departments, which are usually the appointed cabinet secretaries, but could be an undersecretary if the seat is vacant) send a written declaration of incapacity to the speaker of the house and the president pro tempore of the senate. Vance immediately assumes the role as acting president.
Trump then has two choices. He can step aside, in which case Vance continues as acting president. Or, at any time before the end of his term, he can send his own declaration that no such disability exists, and immediately resume the presidency.
If Trump declares no disability exists, Vance and the cabinet can (within 4 days) transmit a second declaration of incapacity, forcing Congress to decide the issue. If Vance sends that second declaration, he remains acting president while Congress makes its determination.
Since Congress will be in session in January, Congress has 21 days to decide whether the incapacity exists or not. (They get an extra two days if the notice was sent while Congress was not in session.) Vance then needs a 2/3 majority in each house to agree there is a disability to complete his coup.