Are there any U.S. Supreme Court cases involving the 25th Amendment?

Answer 1

No. The 25th Amendment deals with Presidential disability and succession, and wasn't ratified until February 1967. To date, no legal controversies have arisen from this Amendment. In fact, the Amendment has only been cited in two Supreme Court cases, and in neither instance was it a pivotal point in the decision. * Clinton v. Jones, 520 US 681 (1997)

The Court contends that the 25th Amendment may be used to determine a temporary line of succession, if the President is involved in civil or criminal proceedings.

* Freytag v. Commissioner, 501 US 868 (1991)

Clarifies the term "department" to mean cabinet level positions. Amendment 25: Presidential Disability and Succession # In case of the removal of the President from office or of his death or resignation, the Vice President shall become President. # 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. # 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. # 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.

Answer 2

US Constitution

The 25th Amendment (1967) deals with succession to the Presidency. It has been invoked six times since its ratification:

# Appointment of Vice President Gerald Ford (1973) # Succession of President Gerald Ford (1974) # Appointment of Vice President Nelson Rockefeller (1974) # Acting President George H. W. Bush (1985) # Acting President Dick Cheney (2002) # Acting President Dick Cheney (2007) As this Amendment deals with succession to the Presidency, actual Court Cases involving the 25th Amendment, if there are any at all, would be extremely rare. However, in works of fiction and popular culture there are many instances of it being invoked in unusual circumstances.

For more information about the above situations and the 25th Amendement, see Related links below this box