US Constitution

What is the 25th Amendment to the US Constitution?

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2017-08-26 17:45:57

Presidential Disability and Succession

The 25th amendment, ratified on Feb 10, 1967, defines the

conditions under which the President yields authority to the Vice

President due to disability, and codifies the process for

appointing a new Vice President should the office become vacant.

However, the amendment does not establish a precise time frame

defining a Vice Presidential "vacancy".

Line of Succession

The line of succession beyond the Vice President was established

by three separate acts, the Presidential Succession Acts of 1792,

1886, and 1947.

Text of Amendment

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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.


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