Twenty-fifth Amendment to the United States Constitution

The Twenty-fifth Amendment to the United States Constitution was proposed by Congress on July 6, 1965 and ratified by the states on February 10, 1967. It concerns Presidential and Vice Presidential vacancies, and Presidential disabilities.

Text of the 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.

Vacancies in offices of President, Vice President

As originally ratified, the United States Constitution stated that in the event the office of President became vacant, "the Powers and Duties of the office shall devolve upon the Vice President."

This language was somewhat ambiguous in the eyes of some: was the Vice President merely acting as President, or did he actually succeed to the office? While this question was answered by precedent when John Tyler succeeded to the office upon William Henry Harrison's death in 1841, there still remained doubts in the minds of some. Section 1 of the 25th amendment clarified the position once and for all: the Vice President becomes President if the presidency is vacated. Since ratification of the amendment there has been one presidential vacancy, when Gerald Ford succeeded Richard Nixon upon Nixon's resignation on August 9, 1974.

The Constitution failed to provide for Vice Presidential vacancies until the 25th amendment was ratified - a glaring omission that had been debated for over a century, as from 1789 to 1967 the office of Vice President was vacant due to death or resignation several times, often for years at a time. Under the 25th amendment, whenever there is a vacancy in the office of Vice President of the United States, the President nominates a successor, who is confirmed by the majority vote of both houses of Congress.

Vacancies in the offices of both the President and the Vice President are filled according to the presidential line of succession.

Inability of the President to serve

The question of how a Presidential inability was to be ascertained was resolved by the Twenty-fifth Amendment. James Garfield was incapacitated for eighty days before dying from an assassin's bullet; a stroke rendered Woodrow Wilson an invalid for the last eighteen months of his term.

The Twenty-Fifth Amendment addressed the issue by providing that the President may, by transmitting to the President pro tempore of the Senate and the Speaker of the House of Representatives a written declaration to the same effect, declare himself unable to discharge the powers and duties of his office. Until the President sends another written declaration to the aforementioned officers declaring himself able to resume office, the Vice President serves as Acting President.

It is also possible for the Vice President, together with a majority of the heads of the executive departments (that is to say, members of Cabinet) or of such other body as Congress by law provides, to declare the President disabled. The provision has never been invoked. The President may resume his duties by a written declaration sent to the President pro tempore and the Speaker. If the Vice President and Cabinet, however, are still unsatisfied with the President's condition, they may within four days of the President's declaration submit another declaration that the President is incapacitated. Congress must immediately decide the issue; a two-thirds vote in each House is required to permit the Vice President to assume the Acting Presidency.

Invocations of Amendment

The 25th Amendment has been invoked on either three or four occasions thus far in American history. There is debate as to whether one invocation actually occurred (see below).

Vice Presidential Replacement

Only twice have Presidents appointed Vice Presidents under the Twenty-fifth Amendment:

• Richard Nixon nominated Gerald Ford on October 13, 1973, following Spiro Agnew's resignation; Congress confirmed Ford on December 6.
• Eleven days after Ford's succession to the presidency, on August 20, 1974 he nominated Nelson Rockefeller to succeed him. Congress, after a long investigation, eventually confirmed him, and he was sworn in on December 19, 1974.

Vice President as Acting President

On two occasions the Vice President of the United States has acted as President under the guise of the 25th amendment, though one of these instances is disputed by constitutional scholars.

June 29, 2002

As he specifically cited Section 3 of the amendment in his letter temporarily transferring his powers and duties, President George W. Bush invoked the provision on June 29, 2002 immediately prior to undergoing a colonoscopy, installing Vice President Dick Cheney as Acting President. (Bush transfer of power letters)

July 13, 1985

Another transfer occurred on July 13, 1985 when Ronald Reagan transferred his powers to Vice President George H. W. Bush prior to undergoing surgery to remove cancerous polyps from his colon. A debate has ensued ever since as to whether the transfer was actually conducted however due to a statement in Reagan's transfer letter that placed his intent to transfer power into question:

"I am mindful of the provisions of Section 3 of the 25th Amendment to the Constitution and of the uncertainties of its application to such brief and temporary periods of incapacity. I do not believe that the drafters of this Amendment intended its application to situations such as the instant one."

In the ensuing paragraph however, he states:

"I have determined and it is my intention and direction that Vice President George Bush shall discharge those (presidential) powers and duties in my stead commencing with the administration of anesthesia to me in this instance."

While Reagan later declared in his autobiography, "An American Life" that his intention was to transfer power and his adherence to the provisions of Section 3 of the amendment was carried out fully, the matter remains debated by constitutional scholars to this day. (Reagan transfer of power letters)

References

• Constitution of the United States. (http://sources.wikipedia.org/wiki/Constitution_of_the_United_States_of_America)
• Kilman, Johnny and George Costello (Eds). (2000). The Constitution of the United States of America: Analysis and Interpretation. (http://www.gpoaccess.gov/constitution/browse.html)

External link

• National Archives: 25th Amendment (http://www.archives.gov/national_archives_experience/charters/constitution_amendments_11-27.html#25)