Amendment XXV
Presidential Succession and Disability
Ratified February 10, 1967
Amendment XXV clarified succession rules left ambiguous since 1787. Section 2 was invoked twice in the 1970s (Ford replacing Agnew, then Rockefeller replacing Ford). Section 4, allowing involuntary transfer of power, has never been invoked but was widely discussed during both the Nixon and Trump administrations.
Full Text
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.
Annotated Version
The Amendments XI–XXVII document includes phrase highlights and court case references for this amendment.
Constitutional Framework
Original Text
U.S. Constitution
Articles I–VII (1787). The three branches, enumerated powers, and the framework these amendments modify.
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Amendments I–X
Bill of Rights
Ratified December 15, 1791. Freedom of religion, speech, press, arms, due process, and more.
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Amendments XI–XXVII
Later Amendments
Ratified 1795–1992. Abolition of slavery, equal protection, women's suffrage, and more.
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