Isabella Carter
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. Section 3 of the amendment allows the president to voluntarily transfer power to the vice president by declaring in writing their inability to perform their duties. The vice president then serves as acting president until the president resumes their duties. Section 4 of the amendment, which has never been invoked, allows the vice president and a majority of cabinet secretaries to declare the president unable to discharge their powers, with the vice president assuming the role of acting president.
| Characteristics | Values |
|---|---|
| Who can invoke the 25th Amendment | The Vice President and a majority of the Cabinet members |
| Who becomes the President | The Vice President |
| When was it ratified | 10 February 1967 |
| Who proposed the 25th Amendment | Congress |
| Who was the President when it was ratified | Lyndon B. Johnson |
| Who was the Vice President when it was ratified | Hubert H. Humphrey |
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What You'll Learn
The Vice President
The 25th Amendment of the US Constitution establishes the procedures for replacing the president or vice president in the event of death, removal, resignation, or incapacitation. It also establishes the presidential line of succession;
It is important to note that while the Vice President can assume the powers and duties of the President under the 25th Amendment, it is unclear whether they retain all the powers and duties of the Vice Presidency while serving as Acting President. For example, there are reservations about whether the Vice President would continue to preside over the Senate, as doing so could put them in the position of overseeing the Senate's deliberations on the validity of their determination under Section 4.
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A majority of the Cabinet
The 25th Amendment of the US Constitution outlines the procedures for replacing the president or vice president in the event of death, removal, resignation, or incapacitation. It also establishes the presidential line of succession and sets forth a process by which the Vice President could temporarily take over as Acting President; and created a means for the President to be removed from office if they became unfit to serve.
Section 4 of the 25th Amendment allows for the Vice President and a majority of the Cabinet secretaries (or another body as provided by law) to declare the President unable to discharge the powers and duties of their office. This section has never been invoked.
For the Vice President and a majority of the Cabinet to invoke the 25th Amendment and suspend the President from office, they must transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives a written declaration stating that the President is unable to discharge the powers and duties of their office. The Vice President would then immediately assume the powers and duties of the office as Acting President.
If the President chooses to contest this declaration, Congress must assemble within 48 hours to decide the issue. During this time, the Vice President continues to serve as Acting President. 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. If not, the President resumes their duties.
It is important to note that the Vice President, while acting as President, may not retain all the powers and duties of the Vice Presidency. For example, it is unclear whether the Vice President would continue to preside over the Senate, as doing so could put them in the position of overseeing the Senate's deliberations on the validity of their determination that the President is unable to discharge their duties.
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The President
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 also establishes the presidential line of succession and sets forth a process by which the Vice President can temporarily take over as Acting President.
The 25th Amendment gives the President the power to voluntarily transfer power to the Vice President by declaring in writing their inability to perform their duties. This process has been invoked by several Presidents, including Ronald Reagan, George W. Bush, and Joe Biden, who invoked Section 3 of the Amendment to undergo medical procedures.
It is important to note that the President's role in the 25th Amendment is not limited to invoking it themselves. The Amendment also provides a mechanism for filling a vacancy in the office of the Vice President. When such a vacancy occurs, the President is responsible for nominating a new Vice President, who must then be confirmed by a majority vote in both Houses of Congress.
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The President pro tempore of the Senate
The President pro tempore is empowered to preside over Senate sessions in the absence of the vice president. The position also comes with certain privileges and some limited powers. For example, the President pro tempore may administer all oaths required by the Constitution, sign legislation, and jointly preside with the Speaker of the House when the two houses sit together in joint sessions or joint meetings. They may also fulfil all other obligations of the presiding officer and perform routine administrative tasks. The President pro tempore also makes appointments to various national commissions and advisory boards and receives reports from certain government agencies.
Before the Twenty-fifth Amendment to the United States Constitution was ratified in 1967, a vacancy in the vice presidency could only be filled by a regular election. The President pro tempore stood next in line for the presidency during these vacancies, though they did not assume the vice presidency. With the Twenty-fifth Amendment, vacancies in the vice presidency became much less common.
Under the 25th Amendment, the President pro tempore and the Speaker of the House are the two authorities to whom declarations must be transmitted that the president is unable to perform the duties of the office, or is able to resume doing so. When the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that they are unable to discharge the powers and duties of their office, the Vice President shall assume the powers and duties of the office as Acting President.
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The Speaker of the House of Representatives
Section 3 of the 25th Amendment states that the President can voluntarily transfer power to the Vice President by declaring in writing to the Speaker of the House of Representatives and the President pro tempore of the Senate that they are unable to discharge their powers and duties. The Vice President then serves as Acting President until the President declares in writing that they can resume their duties.
In the history of the United States, there have been several instances where the Speaker of the House of Representatives has been involved in discussions around invoking the 25th Amendment. For example, after the January 6, 2021, Capitol attack, House Speaker Nancy Pelosi urged Vice President Mike Pence to invoke the 25th Amendment to remove President Trump from office due to his role in inciting the incident. However, Vice President Pence refused to do so.
The role of the Speaker of the House of Representatives in invoking the 25th Amendment is significant as it helps ensure the continuity and stability of the executive branch. It provides a mechanism for addressing presidential incapacitation or unfitness to serve and ensures a smooth transfer of power when necessary.
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