Jonah Patel
The 25th Amendment to the U.S. Constitution outlines the procedures for replacing the president or vice president in the event of death, removal, resignation, or incapacitation. It was introduced after the assassination of President John F. Kennedy in 1963, ratified in 1967, and has been invoked six times. The amendment allows for the vice president and a majority of cabinet secretaries to declare the president unable to fulfil their duties, with the vice president then assuming the role of acting president. This process has been considered for several presidents, including Trump, Reagan, George W. Bush, Bill Clinton, Barack Obama, and Joe Biden, who have all contemplated or voluntarily invoked the amendment during their time in office.
| Characteristics | Values |
|---|---|
| Date proposed by Congress | July 6, 1965 |
| Date ratified by states | February 10, 1967 |
| Reason for proposal | Assassination of President John F. Kennedy |
| What it provides procedures for | Replacing the president or vice president in the event of death, removal, resignation, or incapacitation |
| Who assumes the role of President in case of the removal of the President from office or of his death or resignation | The Vice President |
| Who assumes the role of Acting President when the President is incapacitated | The Vice President |
| Who assumes the role of Acting President when 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 |
| Who assumes the role of Acting President if the Vice President and a majority of cabinet secretaries (or another body as Congress may provide) declare the president unable to discharge the powers and duties of the office, and the president chooses to contest this declaration | If two-thirds of both houses of Congress agree that the president is unable to perform their duties, the vice president continues as acting president; otherwise, the president resumes their duties |
| Who nominates a new vice president when the office of the vice president becomes vacant | The President |
| Who confirms the nomination of a new vice president | Majority vote of both the House of Representatives and the Senate |
| Sections that have been invoked | Section 2 and Section 3 |
| Sections that have never been invoked | Section 4 |
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What You'll Learn
The Vice President becomes President
The 25th Amendment to the United States Constitution outlines the procedures for replacing the president or vice president in the event of death, removal, resignation, or incapacitation. Section 1 of the Amendment clarifies that if the President dies, resigns, or is removed from office, the Vice President automatically becomes the President without needing explicit invocation.
This automatic succession occurred when Gerald Ford replaced Spiro Agnew as vice president, and then when he replaced Richard Nixon as president during the Watergate scandal in the 1970s. Similarly, Nelson Rockefeller filled the vacancy left by Ford to become vice president to President Nixon.
In the case of President Lyndon B. Johnson, he underwent planned surgery in 1965, but was unable to temporarily transfer power to Vice President Hubert H. Humphrey because the 25th Amendment's ratification was still incomplete. This amendment was passed by Congress on July 6, 1965, and ratified on February 10, 1967, providing a clear framework for addressing presidential succession and disability.
Section 3 of the Amendment allows for the temporary transfer of the President's powers and duties to the Vice President. This section has been considered by several presidents, including Jimmy Carter, Ronald Reagan, George H. W. Bush, Bill Clinton, Barack Obama, and Donald Trump, although it was not formally invoked in these instances.
Section 4 of the Amendment addresses situations where the President cannot execute the voluntary declaration of inability under Section 3. It empowers the Vice President, along with a majority of the principal officers of the executive departments, to declare the President unable to discharge their duties, resulting in the Vice President becoming the Acting President. This section was considered after the January 6 United States Capitol attack, with some of President Trump's Cabinet members urging Vice President Mike Pence to invoke it. However, Pence refused.
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Filling a Vice Presidential vacancy
The 25th Amendment to the United States Constitution outlines the procedure for filling a Vice Presidential vacancy. This process was established to ensure that the office of the Vice President is never left unoccupied for an extended period.
Prior to the 25th Amendment, there was no clear mechanism for addressing a vacant Vice Presidency. As a result, such vacancies often lasted for several years, until a new Vice President was elected at the start of the next presidential term.
Section 2 of the 25th Amendment addresses this issue by empowering the President to nominate a new Vice President when a vacancy occurs. The nominated individual then assumes the office of Vice President after confirmation by a majority vote in both Houses of Congress.
This process was utilised by President Gerald Ford, who, upon succeeding to the presidency following President Nixon's resignation, nominated New York Governor Nelson Rockefeller as Vice President. Rockefeller thus became the second Vice President to ascend to the position without contesting a general election.
Additionally, Section 2 of the 25th Amendment distinguishes between temporary and permanent vacancies. In the case of a temporary vacancy, the President can voluntarily transfer power to the Vice President by declaring in writing their inability to execute their duties. The Vice President then serves as Acting President until the President resumes their responsibilities by issuing another written declaration.
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Presidential incapacitation
The 25th Amendment to the US Constitution was passed by Congress on July 6, 1965, and ratified on February 10, 1967. It outlines the procedures for replacing the president or vice president in the event of death, removal, resignation, or incapacitation.
In the context of the 25th Amendment, "incapacitation" refers to a president who is unable to discharge their powers and responsibilities under the Constitution. This could be due to a variety of reasons, such as severe health problems or anticipated incapacitation due to a medical procedure.
If a president becomes incapacitated, they can voluntarily relinquish their powers and duties by transmitting a written declaration to the President pro tempore of the Senate and the Speaker of the House of Representatives. This declaration states that they are unable to discharge their powers and duties, and until they transmit another written declaration stating that they are able to resume their duties, the Vice President shall act as President.
In addition, the Vice President, together with a majority of either the principal officers of the executive departments or another body as provided by law, can transmit a written declaration to the President pro tempore of the Senate and the Speaker of the House of Representatives stating that the President is unable to discharge their powers and duties. The Vice President will then immediately assume the powers and duties of the office as Acting President.
If the President transmits a subsequent declaration stating that they are no longer unable to discharge their duties, they shall resume their powers and duties unless, within four days, the Vice President and a majority of the principal officers transmit another declaration asserting the President's inability. In this case, Congress will decide the issue, and if they determine by a two-thirds vote of both Houses that the President is indeed unable, the Vice President shall continue as Acting President.
The 25th Amendment has been considered or invoked in situations where presidents have undergone surgery or faced health issues. For example, President Reagan signed a letter invoking Section 3 of the Amendment before undergoing a colectomy, temporarily transferring power to Vice President George H. W. Bush. In another instance, President Jimmy Carter contemplated invoking Section 3 ahead of hemorrhoid surgery but ultimately did not do so.
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Presidential removal from office
The 25th Amendment to the US Constitution outlines the procedures for replacing the President or Vice President in the event of death, removal, resignation, or incapacitation. It was passed by Congress on July 6, 1965, and ratified on February 10, 1967, in the aftermath of President John F. Kennedy's assassination.
Section 1 of the Amendment clarifies that in the event of the President's removal from office, death, or resignation, the Vice President becomes the President. This provision operates automatically, without needing explicit invocation.
Section 2 addresses Vice Presidential vacancy, stating that the President shall nominate a new Vice President, who takes office upon confirmation by a majority vote in both Houses of Congress.
Section 3 allows the President to voluntarily transfer power to the Vice President, who becomes Acting President, in situations where the President recognises their inability to serve or anticipates such inability. This section was invoked by President Ronald Reagan in 1985 when he underwent surgery, and by President George W. Bush in 2002 for a medical procedure.
Section 4 of the Amendment outlines a process for removing a President from office if they are deemed unfit to serve. It involves the following steps:
- The Vice President and a majority of the principal officers of the executive departments transmit a written declaration to the President pro tempore of the Senate and the Speaker of the House of Representatives, stating that the President is unable to discharge the powers and duties of their office.
- The Vice President immediately assumes the powers and duties of the office as Acting President.
- If the President transmits a written declaration to the President pro tempore of the Senate and the Speaker of the House of Representatives stating that no inability exists, and if the Vice President and a majority of the principal officers agree, they must transmit another written declaration within four days reaffirming the President's inability.
- Congress then decides the issue, assembling within forty-eight hours if not already in session.
- If Congress, within twenty-one days, determines by a two-thirds vote of both Houses that the President is unable to discharge the powers and duties of their office, the Vice President continues as Acting President. Otherwise, the President resumes their powers and duties.
Section 4 has never been used, but it was considered in 2021 after the Capitol riots, when President Trump was accused of inciting his supporters to violence. Speaker of the House Nancy Pelosi and other lawmakers called for Vice President Pence to invoke the 25th Amendment to remove Trump from office, but Pence refused.
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Vice President as Acting President
The 25th Amendment outlines the procedures for replacing the President or Vice President in the event of death, removal, resignation, or incapacitation.
The Vice President assumes the role of Acting President when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives a written declaration stating their inability to discharge the powers and duties of their office. The Vice President will then act as President until the President transmits another written declaration stating their ability to resume their powers and duties.
In the case of President Ronald Reagan, he signed a letter stating that he was mindful of Section 3 of the 25th Amendment before undergoing surgery. During this time, Vice President George H. W. Bush acted as President until Reagan transmitted a letter declaring himself fit to resume his duties.
The Vice President can also assume the role of Acting President if they, along with a majority of either the principal officers of the executive departments or another body as determined by Congress, transmit a written declaration to the President pro tempore of the Senate and the Speaker of the House of Representatives stating that the President is unable to discharge their powers and duties.
If the President disputes this declaration, they can transmit a written declaration to the contrary within four days, and Congress will decide the issue. If Congress determines by a two-thirds vote of both Houses that the President is unable to discharge their duties, the Vice President will continue to act as President.
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Frequently asked questions
The 25th Amendment to the U.S. Constitution outlines the procedures for replacing the president or vice president in the event of death, removal, resignation, or incapacitation.
The 25th Amendment establishes the presidential line of succession and outlines a process for the president's removal from office if they become unfit to serve. In the case of the president's removal from office, death, or resignation, the vice president becomes the president.
The 25th Amendment allows for the temporary transfer of power to the vice president in the event of presidential incapacitation. The president can voluntarily transfer power by declaring in writing their inability to perform their duties. The vice president then serves as acting president until the president declares in writing that they can resume their duties.
Section 4 of the 25th Amendment allows for the vice president and a majority of cabinet secretaries to declare the president unable to discharge their powers and duties. If the president contests this declaration, Congress must assemble to decide the issue within 48 hours. If two-thirds of both houses of Congress agree with the declaration, the vice president continues as acting president; otherwise, the president resumes their duties.
Yes, the 25th Amendment has been invoked six times, with Section 4 never having been used. Notable invocations include Ronald Reagan in 1985, George W. Bush in 2002, and Joe Biden in 2021, all of whom temporarily transferred power to their vice presidents while undergoing medical procedures.
