Amendment 25

Amendment XXV

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.





Fun Facts:

1. Who's next in line for president? The main purpose of the 25th Amendment is to describe what will happen if the current commander in chief is unable to fulfill his or her duties. The first section of the amendment states that if the president dies while in office, resigns, or is removed by Congress, then the vice president will take over. Though not specified in the 25th Amendment, next in the line of succession under federal law are the Speaker of the House, the President pro tempore of the Senate, and then presidential cabinet secretaries beginning with the Secretary of State.
2. Who'll replace the vice president? Along with providing direction for who'll replace the president, the 25th Amendment also tells us how a vice-presidential vacancy will be filled. If the vice president vacates his position during his term, the president will nominate a replacement. Congress must then confirm the nominee before he or she can take office.
3. What is a president's written declaration? If the president feels like he or she is unable to perform the duties of the office, the president can submit a written declaration to Congress and the vice president will take over as commander in chief. This clause of the 25th Amendment was used by President Richard Nixon when he resigned from office and Vice President Gerald Ford took over, the Ford Library Museum explains.
4. What section of the 25th Amendment has never been used? If you're a fan of "The West Wing," you may remember the episode exploring the issues of the fourth clause of the 25th Amendment. The last clause of the amendment gives the vice president and Congress the ability to remove the president if the commander in chief is unable to fulfill his duties. The president can only be removed if both the House and the Senate approve the request by a two-thirds vote. As powerful as this clause is, it's never been used.
5. Which states haven't ratified the 25th Amendment? In order for an amendment to become part of the U.S. Constitution, at least three-fourths of all states (38 states) need to ratify it. That happened on February 10, 1967. Eventually a total of 47 states ratified the amendment. Still, three states -- North Dakota, Georgia, and South Carolina -- did not ratify the 25th Amendment.

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