US Constitution
of 1787
25th Amendment
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US
Constitution Amendment
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Proposal Date
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Enacted Date
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25th
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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)
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July 6, 1965
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February 10, 1967
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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.
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