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An Overview of the 25th Amendment

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What is the 25th 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.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.”The 25th Amendment DefinedDate ProposedThe 25th Amendment was proposed on July 6th, 1965Date PassedThe 25th Amendment was passed on February 10th, 1967President of the United StatesLyndon B. Johnson was the President of the United States during the ratification of the 25th AmendmentStipulations of the 25th AmendmentThe 25thAmendment addresses the procedure undertaken in the event that a President of the United States is no longer able to carry out service with regard to the Office of PresidencyThis Amendment addresses the method undertaken in the event that the replacement – or adjustment – of the appointment of the President serving at the time is necessary; such circumstances may involve illness, removal, impeachment, or the death of a PresidentThe 25th Amendment states that in the event that an acting President is no longer able to serve, the acting Vice President will assume any or all presidential duties25th Amendment FactsSubsequent to the ratification of the 25th Amendment, many lobbyists and politicians alike found the preexisting protocol with regard to ad-hoc appointment to a vacant presidential seat to be vagueWilliam Henry Harrison was the first President to die while in office; Vice President John Tyler assumed the position of presidency subsequent to Harrison’s death4 Presidents have been assassinated while in office – Abraham Lincoln, James Garfield, William McKinley, and John F. Kennedy; 4 Presidents have died from illness while in office – William Henry Harrison, Zachary Taylor, Warren Harding, and Franklin Delano RooseveltThe office of the Vice President has been temporarily empty approximately 16 times since the presidency of George Washington; this emptiness has been a result of death, removal, or dismissalStates Ratifying the 25th Amendment1. Alabama2. Alaska3. Arizona4. Arkansas5. California6. Colorado7. Connecticut8. Delaware9. Florida10. Hawaii11. Idaho12. Illinois13. Indiana14. Iowa15. Kansas16. Kentucky17. Louisiana18. Maine19. Maryland20. Massachusetts21. Michigan22. Minnesota23. Mississippi24. Missouri25. Montana26. Nebraska27. Nevada28. New Hampshire29. New Jersey30. New Mexico31. New York32. North Carolina33. Ohio34. Oklahoma35. Oregon36. Pennsylvania37. Rhode Island38. South Dakota39. Tennessee40. Texas41. Utah42. Vermont43. Virginia44. Washington45. West Virginia46. Wisconsin47. WyomingStates Not Participatory in the Ratification of the 25th Amendment1. Georgia2. North Dakota3. South CarolinaStatutes Associated with the 25th AmendmentThe Amendment replaced the previous legislature exiting within Article 2, Section 1, Clause 6 of the Constitution of the United States - legislation considered to be both vague and ambiguous with regard to the expressed protocol:“In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and 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 act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.”(Article 2, Section 1, Clause 6)
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  • 25th Amendment

    What is the 25th 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.

    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.”

    The 25th Amendment Defined

    Date Proposed

    The 25th Amendment was proposed on July 6th, 1965

    Date Passed

    The 25th Amendment was passed on February 10th, 1967

    President of the United States

    Lyndon B. Johnson was the President of the United States during the ratification of the 25th Amendment

    Stipulations of the 25th Amendment

    The 25thAmendment addresses the procedure undertaken in the event that a President of the United States is no longer able to carry out service with regard to the Office of Presidency

    This Amendment addresses the method undertaken in the event that the replacement – or adjustment – of the appointment of the President serving at the time is necessary; such circumstances may involve illness, removal, impeachment, or the death of a President

    The 25th Amendment states that in the event that an acting President is no longer able to serve, the acting Vice President will assume any or all presidential duties

    25th Amendment Facts

    Subsequent to the ratification of the 25th Amendment, many lobbyists and politicians alike found the preexisting protocol with regard to ad-hoc appointment to a vacant presidential seat to be vague

    William Henry Harrison was the first President to die while in office; Vice President John Tyler assumed the position of presidency subsequent to Harrison’s death

    4 Presidents have been assassinated while in office – Abraham Lincoln, James Garfield, William McKinley, and John F. Kennedy; 4 Presidents have died from illness while in office – William Henry Harrison, Zachary Taylor, Warren Harding, and Franklin Delano Roosevelt

    The office of the Vice President has been temporarily empty approximately 16 times since the presidency of George Washington; this emptiness has been a result of death, removal, or dismissal

    States Ratifying the 25th Amendment

    1. Alabama

    2. Alaska

    3. Arizona

    4. Arkansas

    5. California

    6. Colorado

    7. Connecticut

    8. Delaware

    9. Florida

    10. Hawaii

    11. Idaho

    12. Illinois

    13. Indiana

    14. Iowa

    15. Kansas

    16. Kentucky

    17. Louisiana

    18. Maine

    19. Maryland

    20. Massachusetts

    21. Michigan

    22. Minnesota

    23. Mississippi

    24. Missouri

    25. Montana

    26. Nebraska

    27. Nevada

    28. New Hampshire

    29. New Jersey

    30. New Mexico

    31. New York

    32. North Carolina

    33. Ohio

    34. Oklahoma

    35. Oregon

    36. Pennsylvania

    37. Rhode Island

    38. South Dakota

    39. Tennessee

    40. Texas

    41. Utah

    42. Vermont

    43. Virginia

    44. Washington

    45. West Virginia

    46. Wisconsin

    47. Wyoming

    States Not Participatory in the Ratification of the 25th Amendment
    1. Georgia

    2. North Dakota

    3. South Carolina

    Statutes Associated with the 25th Amendment

    The Amendment replaced the previous legislature exiting within Article 2, Section 1, Clause 6 of the Constitution of the United States - legislation considered to be both vague and ambiguous with regard to the expressed protocol:

    “In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and 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 act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.”(Article 2, Section 1, Clause 6)

    NEXT: Twenty Sixth Amendment

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