Twenty-fifth Amendment Acting President of the United States

1 twenty-fifth amendment

1.1 pertinent text of amendment
1.2 self-declared incapacity
1.3 incapacity declared vice president , cabinet
1.4 succession beyond vice president

twenty-fifth amendment

the twenty-fifth amendment, ratified in 1967, clears many of issues surrounded presidential succession , incapacity. section 1 made clear in event of vacancy in office of president, vice president succeeds office, while section 2 established procedure filling vice presidential vacancies.

pertinent text of amendment

section 3. whenever president transmits president pro tempore of senate , speaker of house of representatives written declaration unable discharge powers , duties of office, , until transmits them written declaration contrary, such powers , duties shall discharged vice president acting president.

section 4. whenever vice president , majority of either principal officers of executive departments or of such other body congress may law provide, transmit president pro tempore of senate , speaker of house of representatives written declaration president unable discharge powers , duties of office, vice president shall assume powers , duties of office acting president.

thereafter, when president transmits president pro tempore of senate , speaker of house of representatives written declaration no inability exists, shall resume powers , duties of office unless vice president , majority of either principal officers of executive department or of such other body congress may law provide, transmit within 4 days president pro tempore of senate , speaker of house of representatives written declaration president unable discharge powers , duties of office. thereupon congress shall decide issue, assembling within forty-eight hours purpose if not in session. if congress, within twenty-one days after receipt of latter written declaration, or, if congress not in session, within twenty-one days after congress required assemble, determines two-thirds vote of both houses president unable discharge powers , duties of office, vice president shall continue discharge same acting president; otherwise, president shall resume powers , duties of office.

self-declared incapacity

section 3 of amendment set forth procedure whereby president believes temporarily unable perform duties of office may declare himself unable discharge powers , duties of office. upon declaration, transmitted in writing speaker of house of representatives , president pro tempore of senate, vice president becomes acting president. vice president continues act president until president declares, letter leaders of each house of congress, once again able discharge powers , duties of presidency.

incapacity declared vice president , cabinet

section 4 of amendment sets forth second procedure establishing presidential incapacity. second method allows vice president, majority of members of cabinet ( principal officers of executive departments ), declare president disabled.

the not-self-declared incapacity provision established section 4 of twenty-fifth amendment requires action vice president , majority of either principal officers of executive departments or of such other body congress may law provide . therefore, text of twenty-fifth amendment allows congress transfer, law, role of cabinet body. in case, instead of actions taken vice president , majority of cabinet, procedures under section 4 of twenty-fifth amendment require action vice president majority of other body provided law. however, congress has not passed statute transferring body role of principal officers of executive departments in determining presidential incapacity, , therefore role vested in cabinet.

when declaration certifying president s incapacity, signed vice president , majority of either members of cabinet or congressionally authorized body, transmitted in writing speaker of house of representatives , president pro tempore of senate, vice president becomes acting president.

if president submits letter leaders of congress stating able discharge powers , duties of presidency , 4 days elapse without further action on part of vice president , majority of cabinet, vice president s service acting president terminated. thus, unlike procedure under section 3 of amendment, declaration incapacitated president effect able resume powers , duties of office not have immediate effect if incapacity declared under section 4 of amendment. president resumes powers , duties if vice president , majority of cabinet not recertify president s incapacity within constitutionally prescribed four-day period. if vice president , majority of cabinet recertify declaration leaders of congress, vice president remains in role acting president , congress constitutionally obligated consider (or assemble within 48 hours , consider, if not in session) issue. congress has maximum of 21 days after receipt of vice president , cabinet s recent letter decide if president indeed not able discharge powers , duties of office. if congress not, two-thirds vote of each house, determine, within mandated 21-day period, president indeed unable discharge powers , duties office, duties automatically return president , vice president s service acting president ends.

from text of section 4 of twenty-fifth amendment, not clear whether or not vice president , majority of cabinet can recognize , declare president s incapacity has ceased, provoking immediate cessation of vice president s service acting president , immediate return of powers , duties of presidency president. amendment mentions letter president himself, stating able resume powers , duties, , requires president wait 4 days possible re-certification of incapacity vice president , cabinet, president s letter has effect of returning him powers , duties of office after 4 days elapse. amendment silent possibility of vice president (then discharging role of acting president) , majority of cabinet formally declaring speaker of house of representatives , president pro tempore of senate agree reason section 4 declaration of incapacity has ceased, president can resume powers , duties of office @ once.

ostensibly used in event of president s complete mental or physical disability, method of transferring presidential power has never been used.

succession beyond vice president

in preliminary draft of became twenty-fifth amendment, line of presidential succession spelled out in great detail, consisting solely of existing cabinet officers , allowing addition of future cabinet positions.

realizing committing such list constitution cause issues later should amending line of succession desirable, however, led congress deliver amendment did not name specific officers succeed president beyond vice president.