... He shall have
Power, by and with the
Advice and
Consent of the
Senate, to make
Treaties, provided two thirds of the
Senators present concur; and he shall
nominate, and by and with the
Advice and
Consent of the
Senate, shall appoint
Ambassadors, other
public Ministers and
Consuls,
Judges of the
supreme Court, and all other
Officers of the
United States, whose
Appointments are not herein otherwise provided for, and which shall be
established by
Law: but the
Congress may by
Law vest the
Appointment of such
inferior Officers, as they think proper, in the
President alone, in the
Courts of Law, or in the Heads of
Departments. ...
... 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. Thereupon
Congress shall
decide the issue, assembling within forty-eight hours for that
purpose if not in
session. 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. ...