An Overview of the 25th Amendment

What is the 25th Amendment?

“Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 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. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4. 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. 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.”

The 25th Amendment Defined

Date Proposed

The 25th Amendment was proposed on July 6th, 1965

Date Passed

The 25th Amendment was passed on February 10th, 1967

President of the United States

Lyndon B. Johnson was the President of the United States during the ratification of the 25th Amendment

Stipulations of the 25th Amendment

The 25thAmendment addresses the procedure undertaken in the event that a President of the United States is no longer able to carry out service with regard to the Office of Presidency

This Amendment addresses the method undertaken in the event that the replacement – or adjustment – of the appointment of the President serving at the time is necessary; such circumstances may involve illness, removal, impeachment, or the death of a President

The 25th Amendment states that in the event that an acting President is no longer able to serve, the acting Vice President will assume any or all presidential duties

25th Amendment Facts

Subsequent to the ratification of the 25th Amendment, many lobbyists and politicians alike found the preexisting protocol with regard to ad-hoc appointment to a vacant presidential seat to be vague

William Henry Harrison was the first President to die while in office; Vice President John Tyler assumed the position of presidency subsequent to Harrison’s death

4 Presidents have been assassinated while in office – Abraham Lincoln, James Garfield, William McKinley, and John F. Kennedy; 4 Presidents have died from illness while in office – William Henry Harrison, Zachary Taylor, Warren Harding, and Franklin Delano Roosevelt

The office of the Vice President has been temporarily empty approximately 16 times since the presidency of George Washington; this emptiness has been a result of death, removal, or dismissal

States Ratifying the 25th Amendment

1. Alabama

2. Alaska

3. Arizona

4. Arkansas

5. California

6. Colorado

7. Connecticut

8. Delaware

9. Florida

10. Hawaii

11. Idaho

12. Illinois

13. Indiana

14. Iowa

15. Kansas

16. Kentucky

17. Louisiana

18. Maine

19. Maryland

20. Massachusetts

21. Michigan

22. Minnesota

23. Mississippi

24. Missouri

25. Montana

26. Nebraska

27. Nevada

28. New Hampshire

29. New Jersey

30. New Mexico

31. New York

32. North Carolina

33. Ohio

34. Oklahoma

35. Oregon

36. Pennsylvania

37. Rhode Island

38. South Dakota

39. Tennessee

40. Texas

41. Utah

42. Vermont

43. Virginia

44. Washington

45. West Virginia

46. Wisconsin

47. Wyoming

States Not Participatory in the Ratification of the 25th Amendment
1. Georgia

2. North Dakota

3. South Carolina

Statutes Associated with the 25th Amendment

The Amendment replaced the previous legislature exiting within Article 2, Section 1, Clause 6 of the Constitution of the United States - legislation considered to be both vague and ambiguous with regard to the expressed protocol:

“In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.”(Article 2, Section 1, Clause 6)

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