Amendments XXV
Presidential Disability and Succession
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1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
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.
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.
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.
Notes: An interesting movie was made based on this amendment. Look for The Enemy Within with Forest Whitaker, Sam Waterston, and Jason Robards. It was a remake of 7 Days in May, which was made in 1964, before this amendment was passed. More recently, the 25th Amendment has gotten the attention of Hollywood writers. In the film Air Force One, the President's aircraft is hijacked and the Vice President is urged to declare the President incapacitated, though she ultimately resists the urging. In the world of television, 24 and The West Wing featured the 25th Amendment. In 24 the President refuses to attack three Middle Eastern countries that appear to have backed a terrorist nuclear explosion on U.S. soil. The Vice President assembles the Cabinet which narrowly votes to remove the President. In The West Wing, the President removes himself following the kidnaping of his daughter, fearing that he cannot make rational decisions about the response while he is more concerned with his role as a father.
Ratified: February 10, 1967
The 25th Amendment, which details presidential disability procedures, was proposed on July 6, 1965.
| # | State | Date | * |
|---|---|---|---|
| 1 | Nebraska | Jul 12, 1965 | |
| 2 | Wisconsin | Jul 13, 1965 | |
| 3 | Oklahoma | Jul 16, 1965 | |
| 4 | Massachusetts | Aug 9, 1965 | |
| 5 | Pennsylvania | Aug 18, 1965 | |
| 6 | Kentucky | Sep 15, 1965 | |
| 7 | Arizona | Sep 22, 1965 | |
| 8 | Michigan | Oct 5, 1965 | |
| 9 | Indiana | Oct 20, 1965 | |
| 10 | California | Oct 21, 1965 | |
| 11 | Arkansas | Nov 4, 1965 | |
| 12 | New Jersey | Nov 29, 1965 | |
| 13 | Delaware | Dec 7, 1965 | |
| 14 | Utah | Jan 17, 1966 | |
| 15 | West Virginia | Jan 20, 1966 | |
| 16 | Maine | Jan 24, 1966 | |
| 17 | Rhode Island | Jan 28, 1966 | |
| 18 | Colorado | Feb 3, 1966 | |
| 19 | New Mexico | Feb 3, 1966 | |
| 20 | Kansas | Feb 8, 1966 | |
| 21 | Vermont | Feb 10, 1966 | |
| 22 | Alaska | Feb 18, 1966 | |
| 23 | Idaho | Mar 2, 1966 | |
| 24 | Hawaii | Mar 3, 1966 | |
| 25 | Virginia | Mar 8, 1966 | |
| 26 | Mississippi | Mar 10, 1966 | |
| 27 | New York | Mar 14, 1966 | |
| 28 | Maryland | Mar 23, 1966 | |
| 29 | Missouri | Mar 30, 1966 | |
| 30 | New Hampshire | Jun 13, 1966 | |
| 31 | Louisiana | Jul 5, 1966 | |
| 32 | Tennessee | Jan 12, 1967 | |
| 33 | Wyoming | Jan 25, 1967 | |
| 34 | Washington | Jan 26, 1967 | |
| 35 | Iowa | Jan 26, 1967 | |
| 36 | Oregon | Feb 2, 1967 | |
| 37 | Minnesota | Feb 10, 1967 | |
| 38 | Nevada | Feb 10, 1967 | * |
| 39 | Connecticut | Feb 14, 1967 | |
| 40 | Montana | Feb 15, 1967 | |
| 41 | South Dakota | Mar 6, 1967 | |
| 42 | Ohio | Mar 7, 1967 | |
| 43 | Alabama | Mar 14, 1967 | |
| 44 | North Carolina | Mar 22, 1967 | |
| 45 | Illinois | Mar 22, 1967 | |
| 46 | Texas | Apr 25, 1967 | |
| 47 | Florida | May 25, 1967 | |
| Ratified in 584 days | |||
History: The assassination of President Kennedy in 1963 shocked the nation in more ways than the obvious. The advancement of medical technology had many hoping that the President could have been saved after being shot. That was not the case, but if he had been, Kennedy could have been in a coma for an extended period of time, perhaps never able to fully function again. He would be the President, but would not be able to fulfill his duties. The resulting power vacuum would cause a constitutional crisis - who is President? Who has the power of the Presidency?
Less than two years after Kennedy's death, on July 6, 1965, the Congress passed the 25th Amendment, where the line of succession was not only clarified, but what was to be done in the case of presidential disability was addressed. The selection of a Vice President for an empty Vice Presidential seat was also provided for. The states ratified the amendment on February 10, 1967 (584 days). The second clause, dealing with the filling of a vacancy in the Vice Presidency, was used less than six years later when Gerald Ford assumed the Vice Presidency upon the resignation of Spiro Agnew.
Order of Presidential Succession
According to the Presidential Succession Act of 1947, if the President of the United States is incapacitated, dies, resigns, is for any reason unable to hold his office, or is removed from office (impeached and convicted), people in the following offices, in this order, will assume the office of the President, provided they are qualified as stated by the Constitution to assume the office of the President, which means they have to be must be at least 35 years old, must be a natural-born U.S. citizen, and have lived in the U.S. for at least 14 years.
The 25th Amendment of the U.S. Constitution, passed in 1967, provides for procedures to fill vacancies in the Vice Presidency; further clarifies presidential succession rules.
Presidents who became president by succession
Chester A. Arthur
Calvin Coolidge
Millard Fillmore
Gerald R. Ford *
Andrew Johnson
Lyndon B. Johnson
Theodore Roosevelt
Harry S. Truman
John Tyler
* Mr. Ford assumed the office upon the resignation of Richard M. Nixon. All others were due to the death of their predecessor.
Presidents who served, but were never elected
Chester A. Arthur
Millard Fillmore
Gerald R. Ford
Andrew Johnson
John Tyler
Presidents who had no vice president*
Chester A. Arthur
Millard Fillmore
Andrew Johnson
John Tyler
* The 25th Amendment now requires presidents to nominate a new vice president
Constitutional qualifications to serve as president
