25th Amendment

US Constitution of 1787

25th Amendment

#	US Constitution Amendment	Proposal Date	Enacted Date
25th	Codifies the Tyler Precedent; defines a process of presidential succession - Signers: Speaker of the House John William McCormack (MA-D) & Vice President Hubert H. Humphrey (MN-D)	July 6, 1965	February 10, 1967

The Twenty-fifth Amendment to the United States Constitution deals with succession to the Presidency and establishes procedures both for filling a vacancy in the office of the Vice President, as well as responding to Presidential disabilities. It supersedes the ambiguous wording of Article II, Section 1, Clause 6 of the Constitution, which does not expressly state whether the Vice President becomes the President, as opposed to an Acting President, if the President dies, resigns, is removed from office or is otherwise unable to discharge the powers of the presidency.  On February 19th, 1965 the Senate passed the amendment, but the House passed a different version of the amendment on April 13. On July 6th, after a conference committee ironed out differences between the versions, the final version of the amendment was passed by both Houses of the Congress and presented to the states for ratification.  The Twenty-fifth Amendment was adopted on February 23, 1967 and is as follows:

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.

 

Exhibited is the 25 Amendment to the Constitution and Proclamation from US Senator John G. Tower's Collection being the United States Statutes at Large; Containing the Laws and Concurrent Resolutions Enacted During the First Session of the Eighty-Ninth Congress of the United States of America 1965 and Reorganization Plans, Proposed Amendment to the Constitution and Proclamation, United States Government Printing Office, Washington DC,  1966.

Constitution of 1787 Exhibit	Bill of Rights Exhibit
11th Amendment Exhibit	12th Amendment Exhibit
13th Amendment Exhibit	14th Amendment Exhibit
15th Amendment Exhibit	16th Amendment Exhibit
17th Amendment Exhibit	18th and 21st Amendments Exhibit
19th Amendment Exhibit	20th Amendment Exhibit
22nd Amendment Exhibit	23rd Amendment Exhibit
24th Amendment Exhibit	25th Amendment Exhibit
26th Amendment Exhibit	27th Amendment Exhibit

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