Amendment XXV (the Twenty-fifth Amendment) of the United States Constitution clarifies an ambiguous provision of the Constitution regarding 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. Image File history File linksMetadata Download high resolution version (1537x2304, 266 KB) Description: Credit: NARA [1] Usage: Source: Date: Author: Permission: File links The following pages link to this file: Twenty-fifth Amendment to the United States Constitution Metadata This file contains additional information, probably added from the digital camera... Image File history File linksMetadata Download high resolution version (1537x2304, 266 KB) Description: Credit: NARA [1] Usage: Source: Date: Author: Permission: File links The following pages link to this file: Twenty-fifth Amendment to the United States Constitution Metadata This file contains additional information, probably added from the digital camera... Image File history File linksMetadata Download high resolution version (1541x2288, 140 KB) Description: Credit: NARA [1] Usage: Source: Date: Author: Permission: File links The following pages link to this file: Twenty-fifth Amendment to the United States Constitution Metadata This file contains additional information, probably added from the digital camera... Image File history File linksMetadata Download high resolution version (1541x2288, 140 KB) Description: Credit: NARA [1] Usage: Source: Date: Author: Permission: File links The following pages link to this file: Twenty-fifth Amendment to the United States Constitution Metadata This file contains additional information, probably added from the digital camera... The United States Constitution is the supreme law of the United States of America. ...

Authorship and ratification

The amendment was proposed in Congress on January 6, 1965 (Senate version, drafted by Sen. Birch Bayh) and July 6, 1965 (House version, proposed by Rep. Emanuel Celler). Type Bicameral Houses Senate House of Representatives President of the Senate Dick Cheney, R, since January 20, 2001 Speaker of the House Dennis Hastert, R, since January 6, 1999 Members 535 plus 4 Delegates and 1 Resident Commissioner Political groups (as of January 4, 2005 elections) Democratic Party Republican Party... January 6 is the 6th day of the year in the Gregorian calendar. ... 1965 (MCMLXV) was a common year starting on Friday (the link is to a full 1965 calendar). ... Seal of the U.S. Senate The United States Senate is one of the two chambers of the United States Congress, the other being the House of Representatives. ... Birch Evans Bayh II (born January 22, 1928) was a U.S. Senator from Indiana between 1963 and 1981. ... July 6 is the 187th day of the year (188th in leap years) in the Gregorian Calendar, with 178 days remaining. ... 1965 (MCMLXV) was a common year starting on Friday (the link is to a full 1965 calendar). ... Seal of the House of Representatives The United States House of Representatives (or simply the House) is one of the two chambers of the United States Congress, the other being the Senate. ... Emanuel Celler (May 6, 1888–January 15, 1981) was a politician from New York who served in the United States House of Representatives for almost 50 years, from March of 1923 to January of 1973. ...

Hearings were held through February 19, when the Senate passed the amendment (then known as "Senate Joint Resolution 1") by a unanimous, 72-0 vote. The House passed a modified form of the amendment on April 13 by a 368-29 margin, and after a conference committee ironed out differences between the versions, on July 6, 1965 the final version of the amendment was passed by the Senate and presented to the states for ratification. February 19 is the 50th day of the year in the Gregorian Calendar. ... April 13 is the 103rd day of the year in the Gregorian calendar (104th in leap years). ... July 6 is the 187th day of the year (188th in leap years) in the Gregorian Calendar, with 178 days remaining. ... 1965 (MCMLXV) was a common year starting on Friday (the link is to a full 1965 calendar). ... Seal of the U.S. Senate The United States Senate is one of the two chambers of the United States Congress, the other being the House of Representatives. ...

Just six days after its submission, Wisconsin (by an 84-11 margin in the House and 28-0 in the state Senate) and Nebraska were the first states to ratify the amendment. On February 10, 1967, Minnesota and Nevada were the 37th and 38th states to ratify, and in a ceremony in the East Room of the White House, General Services Administrator Lawson Knott certified that the amendment was part of the United States Constitution on February 23, 1967. This article does not cite its references or sources. ... Official language(s) English Capital Lincoln Largest city Omaha Area  Ranked 16th  - Total 77,421 sq mi (200,520 km²)  - Width 210 miles (340 km)  - Length 430 miles (690 km)  - % water 0. ... February 10 is the 41st day of the year in the Gregorian Calendar. ... 1967 (MCMLXVII) was a common year starting on Sunday of the Gregorian calendar (the link is to a full 1967 calendar). ... Capital Saint Paul Largest city Minneapolis Area  Ranked 12th  - Total 87,014 sq mi (225,365 km²)  - Width 250 miles (400 km)  - Length 400 miles (645 km)  - % water 8. ... This article does not cite its references or sources. ... North façade of the White House, seen from Pennsylvania Avenue. ... The General Services Administration is a federal agency of the United States government, established in 1949 to help manage and support the basic functioning of federal agencies. ... The United States Constitution is the supreme law of the United States of America. ... February 23 is the 54th day of the year in the Gregorian Calendar. ... 1967 (MCMLXVII) was a common year starting on Sunday of the Gregorian calendar (the link is to a full 1967 calendar). ...

Text of the Amendment

Section 1

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President. The presidential seal was used by President Hayes in 1880 and last modified in 1959 by adding the 50th star for Hawaii. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures State Courts Counties, Cities, and Towns Other countries â€¢ Politics Portal      The Vice President of the United States is the first in the presidential line of succession...

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. Senator Ted Stevens of Alaska, the current President pro tempore of the United States Senate. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures State Courts Counties, Cities, and Towns Other countries â€¢ Politics Portal      The Speaker of the United States House of Representatives is the presiding officer of the lower... Acting President of the United States is a temporary office in the government of the United States, established under the auspices of the Constitution of the United States, particularly its 25th Amendment (ratified in 1967). ...

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. Congress in Joint Session. ...

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.

Section one: Presidential vacancy

As originally ratified, Article II, section 1, clause 6 of the United States Constitution stated that if the office of President became vacant, or the President became unable to discharge the powers and duties of the office, "the Same shall devolve upon the Vice President." Wikisource has original text related to this article: Article Two of the United States Constitution Article Two of the United States Constitution creates the executive branch of the government, comprising the President and other executive officers. ... The United States Constitution is the supreme law of the United States of America. ...

This language was ambiguous: in the case of vacancy, did the "office" devolve on the Vice President (i.e. he became president), or did the "powers and duties of the office" devolve on him (i.e. he would merely act as President)? While this question was answered by precedent when John Tyler succeeded to the office upon William Henry Harrison's death in 1841, there still remained doubts. Section 1 of the 25th amendment clarified the position: the Vice President becomes President if the presidency is vacated. John Tyler (March 29, 1790 – January 18, 1862) was the tenth (1841-1845) President of the United States. ... William Henry Harrison (February 9, 1773 – April 4, 1841) was an American military leader, politician, and the ninth President of the United States. ...

Section two: Vice Presidential vacancy

The Constitution did not provide for Vice Presidential vacancies until the 25th amendment was ratified — an omission that had been debated for over a century; the Vice Presidency was vacant due to death or resignation (or succession to the Presidency, per the John Tyler precedent) several times, often for years. Under the 25th amendment, whenever there is a vacancy in the office of Vice President of the United States, the President nominates a successor, who is confirmed by the majority vote of both houses of Congress. A vice president is an officer in government or business who is next in rank below a president. ...

The 25th amendment is supplemented by the Presidential Succession Act of 1947, which establishes a line of succession to the powers and duties of the Presidency. Should neither the President nor Vice President be able to serve, the line of succession details what government official shall then act as President. The Presidential Succession Act of 1947 (codified as Title 3, Chapter 1, Section 19 of the United States Code) establishes the order of succession to the office of President of the United States in the event neither a President nor Vice President is able to discharge the powers and duties... The presidential line of succession defines who may become or act as President of the United States upon the incapacity, death, resignation, or removal from office (by impeachment and subsequent conviction) of a sitting President or a President-elect. ...

Sections three and four: Presidential disability

The question of how a Presidential inability was to be ascertained was resolved by the Twenty-fifth Amendment. Abraham Lincoln lay unconscious for several hours after he was shot until he died; James Garfield was incapacitated for eighty days before dying from an assassin's bullet; a stroke rendered Woodrow Wilson an invalid for the last eighteen months of his term; and Dwight D. Eisenhower suffered a heart attack in 1955 and a stroke in 1957, although in each case he was able to return to duty quickly. Abraham Lincoln (February 12, 1809 – April 15, 1865), sometimes called Abe Lincoln and nicknamed Honest Abe, the Rail Splitter, and the Great Emancipator, was an American politician who served as the 16th President of the United States (1861 to 1865), and the first president from the Republican Party. ... James Abram Garfield (November 19, 1831 – September 19, 1881) was the 20th President of the United States (1881) and the second U.S. President to be assassinated (Abraham Lincoln was the first). ... A stroke, also known as cerebrovascular accident (CVA),[1] is an acute neurologic injury in which the blood supply to a part of the brain is interrupted. ... Thomas Woodrow Wilson (December 28, 1856 – February 3, 1924) was the 28th President of the United States. ... Dwight David Eisenhower (also known as Ike) (born David Dwight Eisenhower on October 14, 1890 – March 28, 1969) was an American soldier and politician. ... 1955 (MCMLV) was a common year starting on Saturday of the Gregorian calendar. ... 1957 (MCMLVII) was a common year starting on Tuesday of the Gregorian calendar. ...

Section three: Voluntary withdrawal

The Twenty-Fifth Amendment addressed the issue by providing that the President may, by transmitting to the President pro tempore of the Senate and the Speaker of the House of Representatives a written declaration to the same effect, declare himself unable to discharge the powers and duties of his office. Until the President sends another written declaration to the aforementioned officers declaring himself able to resume office, the Vice President serves as Acting President. Senator Ted Stevens of Alaska, the current President pro tempore of the United States Senate. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures State Courts Counties, Cities, and Towns Other countries â€¢ Politics Portal      The Speaker of the United States House of Representatives is the presiding officer of the lower...

Section four: Involuntary withdrawal

It is also possible for the Vice President, together with a majority of the heads of the executive departments (that is to say, members of Cabinet) or of such other body as Congress by law provides, to declare the President disabled. The provisions of section four have never been invoked. The President may resume his duties by a written declaration sent to the President pro tempore and the Speaker. If the Vice President and Cabinet, however, are still unsatisfied with the President's condition, they may within four days of the President's declaration submit another declaration that the President is incapacitated. Congress must decide within 21 days the issue; a two-thirds vote in each House is required to permit the Vice President to assume the Acting Presidency. Cabinet meeting on May 16, 2001. ...

Applications of the Amendment

The 25th Amendment has been invoked five times since its ratification.

Appointment of Vice President Gerald Ford (1973)

Following Spiro Agnew's resignation two days earlier, President Richard Nixon nominated long-time Michigan congressman Gerald Ford to succeed Agnew as Vice President on October 12, 1973.[1] Spiro Theodore Agnew (November 9, 1918 – September 17, 1996), born Spiros Anagnostopoulos in Towson, Maryland, was the 39th Vice President of the United States, serving from 1969 to 1973 under President Richard M. Nixon. ... Richard Milhous Nixon (January 9, 1913 – April 22, 1994) was the 37th President of the United States, serving from 1969 to 1974. ... Official language(s) None (English, de-facto) Capital Lansing Largest city Detroit Area  Ranked 11th  - Total 97,990 sq mi (253,793 km²)  - Width 239 miles (385 km)  - Length 491 miles (790 km)  - % water 41. ... Gerald Rudolph Ford, Jr. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures State Courts Counties, Cities, and Towns Other countries â€¢ Politics Portal      The Vice President of the United States is the first in the presidential line of succession... October 12 is the 285th day of the year in the Gregorian calendar (286th in leap years). ... 1973 (MCMLXXIII) was a common year starting on Monday. ...

The United States Senate voted 92 to 3 to confirm Ford on November 27, and on December 6 the House confirmed him 387 to 35. Ford was sworn in later that day at the United States Capitol. November 27 is the 331st day (332nd on leap years) of the year in the Gregorian Calendar. ... December 6 is the 340th day (341st on leap years) of the year in the Gregorian calendar. ... The United States Capitol is the capitol building that serves as the location for the United States Congress, the legislative branch of the U.S. federal government. ...

Succession of President Gerald Ford (1974)

President Richard Nixon resigned on August 9, 1974. In accordance with section one, which formalized the Tyler precedent, Vice President Gerald Ford succeeded to the presidency. Richard Milhous Nixon (January 9, 1913 – April 22, 1994) was the 37th President of the United States, serving from 1969 to 1974. ... August 9 is the 221st day of the year in the Gregorian Calendar (222nd in leap years), with 144 days remaining. ... 1974 (MCMLXXIV) was a common year starting on Tuesday. ... John Tyler (March 29, 1790 – January 18, 1862) was the tenth (1841-1845) President of the United States. ... Gerald Rudolph Ford, Jr. ...

Appointment of Vice President Nelson Rockefeller (1974)

By becoming President, Gerald Ford left the Vice Presidency vacant. After considering Melvin Laird and George H. W. Bush, on August 20, 1974, President Ford nominated former New York Governor Nelson Rockefeller to succeed him as Vice President. Melvin Robert Laird (born September 1, 1922) was a Republican congressman from Wisconsin who served as Richard Nixons Secretary of Defense from 1969 to 1973. ... George Herbert Walker Bush GCB (born June 12, 1924) was the 41st President of the United States of America serving from 1989 to 1993. ... August 20 is the 232nd day of the year (233rd in leap years) in the Gregorian Calendar. ... 1974 (MCMLXXIV) was a common year starting on Tuesday. ... Official language(s) English de facto Capital Albany Largest city New York City Area  Ranked 27th  - Total 54,520 sq mi (141,205 km²)  - Width 285 miles (455 km)  - Length 330 miles (530 km)  - % water 13. ... This article or section does not cite its references or sources. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures State Courts Counties, Cities, and Towns Other countries â€¢ Politics Portal      The Vice President of the United States is the first in the presidential line of succession...

After a long and contentious investigation, particularly to ensure that his family's business dealings would not cause conflicts of interest, he was confirmed (287-128 by the House, 90-7 by the Senate). He was sworn into office on December 19, 1974. December 19 is the 353rd day of the year (354th in leap years) in the Gregorian calendar. ... 1974 (MCMLXXIV) was a common year starting on Tuesday. ...

Acting President George H. W. Bush (1985)

On July 12, 1985, President Ronald Reagan underwent a colonoscopy, during which a pre-cancerous lesion called a villous adenoma was discovered. Upon being told by his physician (Dr. Edward Cattow) that he could undergo surgery immediately or in two to three weeks, Reagan elected to have it removed immediately. July 12 is the 193rd day (194th in leap years) of the year in the Gregorian Calendar, with 172 days remaining. ... 1985 (MCMLXXXV) was a common year starting on Tuesday of the Gregorian calendar. ... Ronald Wilson Reagan (February 6, 1911 – June 5, 2004) was the 40th President of the United States (1981–1989) and the 33rd Governor of California (1967–1975). ... Cancer is a class of diseases or disorders characterized by uncontrolled division of cells and the ability of these cells to invade other tissues, either by direct growth into adjacent tissue through invasion or by implantation into distant sites by metastasis. ... Adenoma refers to a collection of growths (-oma) of glandular origin. ... A cardiothoracic surgeon performs a mitral valve replacement at the Fitzsimons Army Medical Center. ...

That afternoon, Reagan consulted with White House counsel Fred Fielding by telephone, debating whether or not to invoke the 25th amendment and if so, whether such a transfer would set an undesirable precedent. Fielding and White House Chief of Staff Donald Regan both recommended that Reagan transfer power, and two letters doing so were drafted: the first specifically referencing Section 3 of the 25th amendment, the second not. Fred Fisher Fielding (born March 21, 1939) is senior partner at Wiley, Rein, & Fielding, a Washington, D.C. law firm. ... Joshua B. Bolten, the current White House Chief of Staff. ... Donald Thomas Regan (December 21, 1918 – June 10, 2003) was the 66th United States Secretary of the Treasury, from 1981 to 1985, and Chief of Staff from 1985 to 1987 in the Reagan administration, where he advocated supply-side economics and tax cuts to create jobs and stimulate production. ...

At 10:32 a.m. on July 13, Reagan signed the second letter and ordered its delivery to the appropriate officers as required under the amendment. Due to some confusing language and Reagan's failure to specifically mention Section 3 of the amendment (see Reagan transfer of power letters) in his letter, some constitutional scholars have claimed that Reagan did not actually transfer his power to Bush. July 13 is the 194th day (195th in leap years) of the year in the Gregorian Calendar, with 171 days remaining. ... On July 12, 1985, President Ronald Reagan underwent a colonoscopy procedure, during which a pre-cancerous tumor known as a villous adenoma was discovered. ...

However, in books such as The President Has Been Shot: Confusion, Disability and the 25th Amendment, by Herbert Abrams, and Reagan's autobiography, An American Life, Reagan's intent to transfer power to Bush was clear. Fielding himself adds, "I personally know he did intend to invoke the amendment, and he conveyed that to all of his staff and it was conveyed to the VP as well as the President of the Senate. He was also very firm in his wish not to create a precedent binding his successor."

Acting President Dick Cheney (2002)

On the morning of June 29, 2002, President George W. Bush underwent a colonoscopy and chose to invoke the 25th amendment, temporarily transferring his powers to Vice President Cheney. June 29 is the 180th day of the year (181st in leap years) in the Gregorian Calendar, with 185 days remaining. ... For album titles with the same name, see 2002 (album). ... The presidential seal was used by President Hayes in 1880 and last modified in 1959 by adding the 50th star for Hawaii. ... George Walker Bush (born July 6, 1946) is the 43rd and current President of the United States, inaugurated on January 20, 2001. ... Colonoscopy is the minimally invasive endoscopic examination of the large colon and the distal part of the small bowel with a fiber optic camera on a flexible tube passed through the anus. ... Richard Bruce Cheney (born January 30, 1941), widely known as Dick Cheney, is an American politician and businessman affiliated with the U.S. Republican Party. ...

Unlike Reagan's 1985 letter, Bush's letter specifically cited Section 3 of the 25th amendment in his letter transferring power. On July 12, 1985, President Ronald Reagan underwent a colonoscopy procedure, during which a pre-cancerous tumor known as a villous adenoma was discovered. ... The Bush transfer of power occurred on the morning of June 29, 2002, when President George W. Bush temporarily transfered the powers of the office to Dick Cheney. ...

Considered applications of the Amendment

On two publicly known occasions (and possibly others that the public has not been made aware of), the possibility of invoking provisions of the 25th amendment, particularly Section 4, have been considered.

1981: Reagan assassination attempt

Following the assassination attempt on President Ronald Reagan on March 31, 1981, a number of cabinet officials suggested that Vice President George H. W. Bush assume the role of Acting President under the provisions of Section 4 of the amendment. Bush, however, was opposed to the idea, in part because he didn't wish to be seen as leading a de facto coup d'état.^{[citation needed]} Chaos outside the Washington Hilton Hotel after the assassination attempt on President Reagan on March 30, 1981 The Reagan assassination attempt occurred on March 30, 1981, just 69 days into the United States Presidency of Ronald Reagan. ... Ronald Wilson Reagan (February 6, 1911 – June 5, 2004) was the 40th President of the United States (1981–1989) and the 33rd Governor of California (1967–1975). ... March 31 is the 90th day of the year in the Gregorian Calendar (91st in Leap years), with 275 days remaining. ... 1981 (MCMLXXXI) was a common year starting on Thursday of the Gregorian calendar. ... George Herbert Walker Bush GCB (born June 12, 1924) was the 41st President of the United States of America serving from 1989 to 1993. ... An Acting President is a person who takes the place of the president of an organization for a brief period, due to forced absence, illness or death, and is replaced by the original president or by a new one, as the case requires. ... A coup d’État (pronounced ), or simply coup, is the sudden overthrow of a government through unconstitutional means by a part of the state establishment — mostly replacing just the high-level figures. ...

Scholars of presidential history and the 25th amendment are nearly unanimous in their assessment that the scenario that unfolded during the Reagan assassination attempt is precisely the type the amendment was intended to address, and that Bush should have invoked Section 4's provisions and assumed executive authority.^{[citation needed]}

1987: Reagan incapacity

Upon assuming the role of White House Chief of Staff in 1987, Howard Baker was advised by his predecessor's staff to be prepared for a possible invocation of the 25th amendment due to Reagan's perceived laziness and ineptitude. Joshua B. Bolten, the current White House Chief of Staff. ... Sen. ...

According to PBS's American Experience program recalling the Reagan administration (a transcript of which can be read by visiting [2]): "What Baker's transition team was told by Donald Regan's staff that weekend shocked them. Reagan was 'inattentive, inept,' and 'lazy,' and Baker should be prepared to invoke the 25th amendment to relieve him of his duties." Reagan biographer Edmund Morris stated in an interview aired on the program, "The incoming Baker people all decided to have a meeting with him on Monday, their first official meeting with the President, and to cluster around the table in the Cabinet room and watch him very, very closely to see how he behaved, to see if he was indeed losing his mental grip." Morris went on to explain "...Reagan who was, of course, completely unaware that they were launching a death watch on him, came in stimulated by the press of all these new people and performed splendidly. At the end of the meeting, they figuratively threw up their hands realizing he was in perfect command of himself." PBS re-directs here; for alternate uses see PBS (disambiguation) PBS logo The Public Broadcasting Service (PBS) is a non-profit public broadcasting television service with 349 member TV stations in the United States. ... American Experience (sometimes abbreviated AmEx) is a television program aired on the PBS network in the United States. ... Donald Thomas Regan (December 21, 1918 – June 10, 2003) was the 66th United States Secretary of the Treasury, from 1981 to 1985, and Chief of Staff from 1985 to 1987 in the Reagan administration, where he advocated supply-side economics and tax cuts to create jobs and stimulate production. ... Edmund Morris is a British biographer, winner of the 1980 Pulitzer Prize. ...

Earlier drafts of the Amendment

The first draft of Senate Joint Resolution 1, the legislation that would ultimately be ratified as the 25th amendment, was preceded by two other attempts to pass a constitutional amendment regarding Presidential succession: Senate Joint Resolution 35 and Senate Joint Resolution 139:

Senate Joint Resolution 35 (1963)

Senate Joint Resolution 35 was proposed by Senator Kenneth Keating of New York, and received the recommendation of the American Bar Association. Tennessee Senator Estes Kefauver (the Chairman of the Judiciary Committee's subcommittee on Constitutional Amendments), a long-time advocate for addressing the disability question, spearheaded the effort initially but died of a heart attack on August 10, 1963, in effect killing the amendment. Kenneth Barnard Keating (May 18, 1900 – May 5, 1975), was a US Representative and a Senator from New York. ... Official language(s) English de facto Capital Albany Largest city New York City Area  Ranked 27th  - Total 54,520 sq mi (141,205 km²)  - Width 285 miles (455 km)  - Length 330 miles (530 km)  - % water 13. ... American Bar Associations Washington, DC office The American Bar Association (ABA) is a voluntary bar association of lawyers which is not specific to any jurisdiction in the United States. ... Official language(s) English Capital Nashville Largest city Memphis Largest metro area Nashville Area  Ranked 36th  - Total 42,169 sq mi (109,247 km²)  - Width 120 miles (195 km)  - Length 440 miles (710 km)  - % water 2. ... The issue of Time Magazine in which Kefauvers victory in the New Hampshire primary was reported. ... A myocardial infarction occurs when an atherosclerotic plaque slowly builds up in the inner lining of a coronary artery and then suddenly ruptures, totally occluding the artery and preventing blood flow downstream. ... August 10 is the 222nd day of the year (223rd in leap years) in the Gregorian Calendar. ... 1963 (MCMLXIII) was a common year starting on Tuesday (the link is to a full 1963 calendar). ...

Rather than to resolve the questions of presidential succession and disability however, the proposed amendment's text seemed only to solidify confusion on those topics. The text of the amendment read:

In case of the removal of the President from office or of his death or resignation, the said office shall devolve on the Vice President. In case of the inability of the President to discharge the powers and duties of the said office, the said powers and duties shall devolve on the Vice President, until the inability be removed. The Congress may by law provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then be President, or, in case of inability, act as President, and such officer shall be or act as President accordingly, until a President shall be elected or, in case of inability, until the inability shall be earlier removed. The commencement and termination of any inability shall be determined by such method as Congress shall by law provide.

Senate Joint Resolution 139 (1963)

Senate Joint Resolution 139 was proposed by Senators Bayh of Indiana (who had succeeded Kefauver as chair of the Constitutional Amendments subcommittee) and Long of Missouri. Birch Evans Bayh II (born January 22, 1928) was a U.S. Senator from Indiana between 1963 and 1981. ... Official language(s) English Capital Indianapolis Largest city Indianapolis Area  Ranked 38th  - Total 36,418 sq mi (94,321 km²)  - Width 140 miles (225 km)  - Length 270 miles (435 km)  - % water 1. ... This article does not cite its references or sources. ...

Where Senate Joint Resolution 35 had been seen by some as too vague in terms relating to presidential succession and disability, this legislation was seen as too constrictive by some, as it in essence aped the Presidential Succession Act of 1947. The text of the amendment read: The Presidential Succession Act of 1947 (codified as Title 3, Chapter 1, Section 19 of the United States Code) establishes the order of succession to the office of President of the United States in the event neither a President nor Vice President is able to discharge the powers and duties... 1947 (MCMXLVII) was a common year starting on Wednesday (the link is to a full 1947 calendar). ...

Section 1

In case of the removal of the President from office, or of his death or resignation, the Vice President shall become President for the unexpired portion of the then current term. Within a period of thirty days thereafter, the new President shall nominate a Vice President who shall take office upon confirmation by both Houses of Congress by a majority of those present and voting.

Section 2

In case of the removal of the Vice President from office, or of his death or resignation, the President, within a period of thirty days thereafter, shall nominate a Vice President who shall take office upon confirmation by both Houses of Congress by a majority vote of those present and voting.

Section 3

If the President shall declare in writing that he is unable to discharge the powers and duties of his office, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4

If the President does not so declare, the Vice President, if satisfied that such inability exists, shall, upon the written approval of a majority of the heads of the executive departments in office, assume the discharge of the powers and duties of the office as Acting President.

Section 5

Whenever the President makes public announcement in writing that his inability has terminated, he shall resume the discharge of the powers and duties of his office on the seventh day after making such announcement, or at such earlier time after such announcement as he and the Vice President may determine. But if the Vice President, with the written approval of a majority of the heads of executive departments in office at the time of such announcement, transmits to the Congress his written declaration that in his opinion the President's inability has not terminated, the Congress shall thereupon consider the issue. If the Congress is not then in session, it shall assemble in special session on the call of the Vice President. If the Congress determines by concurrent resolution, adopted with the approval of two-thirds of the Members present in each House, that the inability of the President has not terminated, thereupon, notwithstanding any further announcement by the President, the Vice President shall discharge such powers and duties as Acting President until the occurrence of the earliest of the following events: (1) the Acting President proclaims that the President's inability has ended, (2) the Congress determines by concurrent resolution, adopted with the approval of a majority of the Members present in each House, that the President's inability has ended, or (3) the President's term ends.

Section 6

(a) (1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the officer of the United States who is highest on the following list, and who is not under disability to discharge the powers and duties of the office of President, shall act as President: Secretary of State, Secretary of the Treasury, Secretary of Defense, Attorney General, Postmaster General, Secretary of Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of Labor, Secretary of Health, Education and Welfare, and such other heads of executive departments as may be established hereafter and in order of their establishment.

(a) (2) The same rule shall apply in the case of the death, resignation, removal from office, or inability of an individual acting as President under this section.

(a) (3) To qualify under this section, an individual must have been appointed, by and with the advice and consent of the Senate, prior to the time of the death, resignation, removal from office, or inability of the President and Vice President, and must not be under impeachment by the House of Representatives at the time the powers and duties of the office of President devolve upon him.

(b) In case of the death, resignation, or removal of both the President and Vice President, his successor shall be President until the expiration of the then current Presidential term. In case of the inability of the President and Vice President to discharge the powers and duties of the office of President, his successor, as designated in this section, shall be subject to the provisions of sections 3, 4, and 5 of this article as if he were a Vice President acting in case of disability of the President.

(c) The taking of the oath of office by an individual specified in the list of paragraph (1) of subsection (a) shall be held to constitute his resignation from the office by virtue of the holding of which he qualifies to act as President.

(d) During the period that any individual acts as President under this section, his compensation shall be at the rate then provided by law in the case of the President.

Section 7

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.

Joint Resolution 1 (1965)

House Joint Resolution 1 was proposed by Representative Emanuel Celler, chairman of the House Judiciary Committee, on January 4, 1965, and Senate Joint Resolution 1 was proposed by Senator Birch Bayh of Indiana on January 6, 1965. These resolutions ultimately led to what became the 25th amendment. Emanuel Celler (May 6, 1888–January 15, 1981) was a politician from New York who served in the United States House of Representatives for almost 50 years, from March of 1923 to January of 1973. ... January 4 is the 4th day of the year in the Gregorian calendar. ... 1965 (MCMLXV) was a common year starting on Friday (the link is to a full 1965 calendar). ... Birch Evans Bayh II (born January 22, 1928) was a U.S. Senator from Indiana between 1963 and 1981. ... Official language(s) English Capital Indianapolis Largest city Indianapolis Area  Ranked 38th  - Total 36,418 sq mi (94,321 km²)  - Width 140 miles (225 km)  - Length 270 miles (435 km)  - % water 1. ... January 6 is the 6th day of the year in the Gregorian calendar. ... 1965 (MCMLXV) was a common year starting on Friday (the link is to a full 1965 calendar). ...

Original form of Joint Resolution 1 (both House and Senate versions)

Sections 1 and 2 went unchanged throughout the amendment's passage through Congress, and consequently are not repeated. Sections 3, 4 and 5 in their original form read as follows: Type Bicameral Houses Senate House of Representatives President of the Senate Dick Cheney, R, since January 20, 2001 Speaker of the House Dennis Hastert, R, since January 6, 1999 Members 535 plus 4 Delegates and 1 Resident Commissioner Political groups (as of January 4, 2005 elections) Democratic Party Republican Party...

Section 3

If the President declares in writing that he is unable to discharge the powers and duties of his office, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4

If the President does not so declare, and the Vice President with the written concurrence of a majority of the heads of the executive departments or such other body as Congress may by law provide, transmits to the Congress his 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.

Section 5

Whenever the President transmits to the Congress his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President, with the written concurrence of a majority of the heads of the executive departments or such other body as Congress may by law provide, transmits within two days to the Congress his written declaration that the President is unable to discharge the powers and duites of his office. Thereupon Congress will immediately decide the issue. If the Congress determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of the 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.

References

• Constitution of the United States.
• Kilman, Johnny and George Costello (Eds). (2000). The Constitution of the United States of America: Analysis and Interpretation.
• One Heartbeat Away by Birch Bayh (1968).
• CNN Transcript of White House press briefing re G.W. Bush temporary transfer of power to VP Cheney 2002-06-29 (URL accessed 2006-06-04).

Birch Evans Bayh II (born January 22, 1928) was a U.S. Senator from Indiana between 1963 and 1981. ... For album titles with the same name, see 2002 (album). ... June 29 is the 180th day of the year (181st in leap years) in the Gregorian Calendar, with 185 days remaining. ... 2006 (MMVI) is a common year starting on Sunday of the Gregorian calendar. ... June 4 is the 155th day of the year in the Gregorian calendar (156th in leap years), with 210 days remaining. ...

See also

• United States presidential line of succession
• Fiction regarding United States presidential succession

The presidential line of succession defines who may become or act as President of the United States upon the incapacity, death, resignation, or removal from office (by impeachment and subsequent conviction) of a sitting President or a President-elect. ... It has been suggested that the section In fiction from the article Twenty-fifth Amendment to the United States Constitution be merged into this article or section. ...

External links

• National Archives: 25th Amendment
• CRS Annotated Constitution: 25th Amendment
• The 25th Amendment on Wiki 24
• Amendment25.com

The first ten amendments to the United States Constitution are known as the Bill of Rights. This is a complete list of all ratified and unratified amendments to the United States Constitution which have received the approval of the Congress. ... The First Amendment to the United States Constitution is a part of the United States Bill of Rights. ... Amendment II (the Second Amendment) of the United States Constitution, which is part of the Bill of Rights, declares the necessity for a well regulated militia, and prohibits infringement of the right of the people to keep and bear arms. ... Amendment III (the Third Amendment) to the United States Constitution is a part of the United States Bill of Rights. ... Amendment IV (the Fourth Amendment) to the United States Constitution is one of the provisions included in the Bill of Rights. ... Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ... Amendment VI (the Sixth Amendment) of the United States Constitution codifies rights related to criminal prosecutions in federal courts. ... Amendment VII (the Seventh Amendment) of the United States Constitution, which is part of the Bill of Rights, codifies the right to jury trial in certain civil trials. ... Amendment VIII (the Eighth Amendment) of the United States Constitution, which is part of the U.S. Bill of Rights, prohibits excessive bail or fines, as well as cruel and unusual punishment. ... Amendment IX (the Ninth Amendment) to the United States Constitution, which is part of the Bill of Rights, addresses rights of the people that are not specifically enumerated in the Constitution. ... Amendment X (the Tenth Amendment) of the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791. ... Amendment XI (the Eleventh Amendment) of the United States Constitution was passed by the U.S. Congress on March 4, 1794 and was ratified on February 7, 1795. ... The Twelfth Amendment to the United States Constitution altered Article II pertaining to presidential elections. ... Amendment XIII (the Thirteenth Amendment) of the United States Constitution abolished slavery and, with the exception of allowing punishments for crimes, prohibits involuntary servitude. ... The Fourteenth Amendment to the United States Constitution is one of the post-Civil War amendments and it includes the Due Process and Equal Protection Clauses. ... Contemporary drawing depicting the first vote by African Americans Amendment XV (the Fifteenth Amendment) of the United States Constitution grants voting rights regardless of race. ... Amendment XVI (the Sixteenth Amendment) of the United States Constitution, authorizing income taxes in their present form, was ratified on February 3, 1913. ... Amendment XVII (the Seventeenth Amendment) of the United States Constitution proposed on May 13, 1912 and ratified on April 8, 1913 and first in effect for the election of 1914, amends Article 1 Section 3 of the Constitution to provide for the direct election of Senators by the people of... Amendment XVIII (the Eighteenth Amendment) of the United States Constitution, along with the Volstead Act (which defined intoxicating liquors excluding those used for religious purposes), established Prohibition in the United States. ... Amendment XIX (the Nineteenth Amendment) to the United States Constitution grants voting rights regardless of the voters sex: The amendment prohibits both the federal government and the states from using a persons sex as a qualification to vote; it was specifically intended to extend suffrage to women. ... Amendment XX (the Twentieth Amendment) of the United States Constitution, also called The Lame Duck Amendment, establishes some details of presidential succession and of the beginning and ending of the terms of elected federal officials. ... Amendment XXI (the Twenty-first Amendment) to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide Prohibition. ... The Twenty-second Amendment of the United States Constitution sets a term limit for the President of the United States, providing that No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President... Amendment XXIII was the twenty-third Amendment to the United States Constitution which permits the District of Columbia to choose Electors for President and Vice President. ... Amendment XXIV (the Twenty-fourth Amendment) of the United States Constitution prohibits both Congress and the states from conditioning the right to vote in federal elections on payment of a poll tax or other type of tax. ... Amendment XXVI (the Twenty-sixth Amendment) of the United States Constitution was adopted in 1971. ... Amendment XXVII (the Twenty-seventh Amendment) to the United States Constitution reads: // Background This amendment to the United States Constitution provides that any change in the salary of members of Congress may only take effect after the next general election. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... The Articles of Confederation The Articles of Confederation and Perpetual Union, commonly known as the Articles of Confederation, was the first governing document of the United States of America. ... Joe Cagg. ... Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ... The New Jersey Plan was a proposal for the structure of the United States Government proposed by William Paterson on June 15, 1787. ... This article or section does not cite its references or sources. ... This article or section does not cite its references or sources. ... Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ... This article is being considered for deletion in accordance with Wikipedias deletion policy. ... An advertisement for The Federalist The Federalist Papers are a series of 85 articles arguing for the ratification of the United States Constitution. ... [[Image:Bill of preempt the potential political disaster of a second Constitutional Convention that might have undone the difficult compromises of 1787: a second convention would open the entire Constitution to reconsideration and could undermine the work he and so many others had done in establishing the structure of the... The first ten amendments to the United States Constitution are known as the Bill of Rights. This is a complete list of all ratified and unratified amendments to the United States Constitution which have received the approval of the Congress. ... This is an incomplete list of proposed amendments to the United States Constitution, in reverse chronological order. ... The United States Constitution has been amended on 18 occasions—with a total of 27 individual successful amendments—since the Constitution was completed in 1787. ... Besides the more common method, there is an option to assemble a national convention to propose amendments to the United States Constitution. ... Besides the more common method, Article V establishes the possibility of conventions within the individual states to ratify an amendment to the United States Constitution. ... The case or controversy clause of Article III of the United States Constitution has been deemed to impose a requirement that United States federal courts are not permitted to hear cases that do not pose an actual controversy - that is, an actual dispute between adverse parties which is capable of... Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, empowers the United States Congress To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. ... This article or section is in need of attention from an expert on the subject. ... The Contract Clause appears in the United States Constitution, Article I, section 10, clause 1. ... Article I, Section 8, Clause 8 of the United States Constitution, known as the Copyright Clause empowers the United States Congress: To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. ... In United States law, adopted from English law, due process (more fully due process of law) is the principle that the government must normally respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life... The words inscribed above the entrance to the U.S. Supreme Court are: Equal justice under law The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that no state shall… deny to any person within its jurisdiction the equal protection of the laws. ... The Establishment Clause of the First Amendment to the United States Constitution states that: Congress shall make no law respecting an establishment of religion Together with the Free Exercise Clause, (or prohibiting the free exercise thereof), these two clauses make up what are commonly known as the religion clauses. ... The Free Exercise Clause of the First Amendment to the United States Constitution, taken with the Establishment Clause of the First Amendment make up the Religion Clauses. ... The Full Faith and Credit Clause is part of Article Four, Section 1 of the United States Constitution. ... The impeachment trial of President Bill Clinton in 1999, Chief Justice William H. Rehnquist presiding. ... A natural-born citizen is a special term mentioned in the United States Constitution as a requirement for eligibility to serve as President or Vice President of the United States. ... The necessary and proper clause (also known as the elastic clause, the basket clause, the coefficient clause, and the sweeping clause [1]) refers to a provision in Article One of the United States Constitution at section eight, clause 18. ... The no religious test clause of the United States Constitution is cited by advocates of separation of church and state as an example of original intent of the Framers of the Constitution of avoiding any entanglement between church and state, or involving the government in any way as a determiner... Presentment clause The Presentment clause (Article I, Section 7) is a clause in the United States Constitution that outlines how a bill may become law. ... // The Privileges and Immunities Clause (U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents states from treating citizens of other states in a discriminatory manner, with regard to basic civil rights. ... This provision of the Fourteenth Amendment to the United States Constitution is unique among constitutional provisions in that some scholars believe it was all but read out of the Constitution in a 5-4 decision of the Supreme Court (see Slaughterhouse Cases of 1873). ... The Speech or Debate Clause (found in Article I, Section 6, Clause 1) is a clause in the United States Constitution which states that members of both Houses of Congress Its intended purpose is to prevent a President or other officials of the Executive branch from having members arrested on... Article VI, Paragraph 2 of the United States Constitution is known as the Supremacy Clause: The Supremacy Clause establishes the Constitution, Federal Statutes, and U.S. treaties as the supreme law of the land. ... The Suspension Clause is clause two of section nine of Article One of the United States Constitution. ... Article I, Section 8, Clause 1 of the United States Constitution, known as the Taxing and Spending Clause states: The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States... The Territorial Clause refers to Article IV, Section 3, paragraph 2 of United States Constitution: The interpretation of this clause gives the United States Congress the final power over every territory of the United States. ... Sometimes referred to as the War Powers Clause, the United States Constitution, Article One, Section 8, Clause 1, vests in the Congress the exclusive power to declare war. ... A number of amendments to the United States Constitution include a Congressional power of enforcement. ... Double jeopardy (also called autrefois acquit meaning already acquitted) is a procedural defense (and, in many countries such as the United States, Canada, and India, a constitutional right) that forbids a defendant from being tried a second time for the same crime. ... Enumerated powers is a term referring to Article 1 Section 8 of the United States Constitution which lists the specific powers of legislation granted to the United States Congress. ... Incorporation of the Bill of Rights is the legal doctrine by which portions of the U.S. Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment. ... This article needs to be cleaned up to conform to a higher standard of quality. ... In the legal system of the United States, preemption generally refers to the displacing effect that federal law will have on a conflicting or inconsistent state law. ... The phrase separation of church and state is a common interpretation of the Establishment Clause of the First Amendment, which reads, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . ... Separation of powers is a political doctrine under which the legislative, executive and judicial branches of government are kept distinct, to prevent abuse of power. ... Constitutional theory is an area of constitutional law that focuses on the underpinnings of constitutional government in the United States. ...