Twenty-fifth Amendment - The Text   [hide]
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 with-in 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.

Twenty-fifth Amendment - The Meaning   [hide]
The Twenty-fifth Amendment was passed in order to clarify what happens upon the death, removal, or resignation of the President or Vice President and how the Presidency is temporarily filled if the President becomes disabled and cannot fulfill his responsibilities.

Far from being a theoretical problem, a plan of succession has frequently been necessary. On eight separate occasions, a President has died in office and several other times, the President has either resigned from or been removed from office. Similarly, on seven occasions, the Vice President has died in office and one Vice President–Spiro Agnew-resigned in the middle of his term. This has meant that for nearly 20% of U.S. history, there has been no Vice-President in office who can assume the Presidency.

In addition, there were several occasions when the President was physically disabled and unable to meet his responsibilities. For example, President Garfield lay in a coma for eighty days before dying from the effect of an assassin's bullet. President Wilson was an invalid for the last eighteen months of his term, the result of a stroke.

The 25th Amendment, ratified on February 10, 1967, ensures a stable transition when the President or Vice President is unable to complete their terms. The amendment states that if a President is forced from office, dies, or resigns for any reason, the Vice President becomes President. If the Vice President leaves office, then the President is allowed to select a new Vice President. His selection must be approved (confirmed) by a majority vote of both the House of Representatives and the Senate.

If the President falls seriously ill or for some other reason he must temporarily step down, the Amendment provides that he gives notice of his disability to the President pro tempore (leader of the majority party) of the Senate and the Speaker of the House. The Vice President is then authorized to step in as Acting President to carry on the President’s duties. The President can resume office by giving notice to Congressional leadership that he is able to do so.

The Vice President can also assume the responsibilities of President, as Acting President, if the Vice President and a majority of the President’s cabinet submit to the Congressional leadership a letter that states that the President is not able to meet his or her responsibilities. The Vice President and the cabinet can ask for a vote of Congress, should they disagree with the President about his or her fitness to resume office. In such a case, they can call upon Congress to prevent the President’s return. A vote of 2/3 of Congress–a so called “supermajority”–is required to prevent the President’s return and in such a case, the Vice President continues as Acting President.