The Twenty-Fifth Amendment: What Happens if a President Can No Longer Serve?

The 25th Amendment to the U.S. Constitution was ratified by the states on June 10, 1967. This Amendment establishes a comprehensive plan for presidential succession in the event of death or incapacitation. It also delineates the scope of the "powers and duties" that are transferred to the president's successor.

Before the 25th Amendment's ratification, it was assumed that the vice president would succeed the president if they died, became disabled, resigned, or Congress removed them. However, the Constitution did not expressly state that the vice president would take over in such a case.

Additionally, the Constitution was silent about how to fill the vice president's position and other vacancies. The ambiguity that existed before the 25th Amendment led to several disputes about succession and power.

This article explains the 25th Amendment and the reasons why Congress proposed it. It also describes its use since its ratification.

The 25th Amendment's Text

The 25th Amendment to the Constitution of the United States establishes the following provisions:

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.

After that, 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.

Key Aspects of Sections 1 and 2

Section 1 specifies that the vice president assumes the presidency if the current president is unable to continue in office.

Section 2 indicates that a vice president who ascends to the presidency has the authority to nominate a new vice president. The nominee must then be confirmed by a majority vote in both the House of Representatives and the Senate.

Key Aspects of Section 3

Section 3 is known as the "disability clause." It refers to when the President of the United States sends a written declaration to Congress stating that they cannot fulfill their duties or obligations. The president sends it to the President pro tempore of the Senate and the Speaker of the House.

At that time, the vice president will become the acting president. The vice president will retain those powers until the president sends a separate declaration indicating they can return to their position.

President Ronald Reagan used Section 3 when he had surgery in 1985. He informed Congress that he could not fulfill his presidential powers and duties while under anesthesia and recovering from surgery.

When Reagan underwent the procedure, his vice president, George H.W. Bush, became the acting president. Approximately eight hours later, Reagan sent a written declaration to Congress informing them he had recovered and could resume the presidency.

President George W. Bush later used the constitutional amendment twice for medical procedures. President Joe Biden also used it for a procedure. 

Key Aspects of Section 4

Section 4 deals with a situation where the vice president and cabinet members believe the president can no longer fulfill their duties, but the president thinks they can.

In that situation, the vice president and a majority of cabinet members must send a written declaration to Congress stating why they believe the president can no longer discharge his duties. At that point, the vice president will become acting president.

The president can then send a written declaration to Congress if they dispute the vice president's and cabinet's assertions. At that point, the president will resume the presidency unless the vice president and cabinet file another written declaration disputing the president's assertions. The vice president and cabinet must file their response within four days of the president's declaration.

At that point, Congress will assemble and determine whether the president can discharge the office's powers and duties. Both the House and Senate will vote on the issue. If two-thirds of both the House and Senate decide that the president is unfit, the vice president will continue as acting president. Should the vote fail, the president will return to office.

Historical Context of the 25th Amendment

Before the 25th Amendment's ratification, the Constitution was silent as to the following:

• Who succeeds the president if they die, become disabled, resign, or Congress removes them from office

• How to fill a vacant vice presidency

• What happens when a president becomes temporarily disabled

• The presidential line of succession generally

Although the Constitution didn't state who would assume the presidency if the president died, historically, it was the vice president. The first president to die in office was William Henry Harrison in 1841. Vice President John Tyler asked the Chief Justice of the Supreme Court to administer the oath of office. In doing so, Tyler became the first vice president to assume the office of the president. 

Eight presidents have died in office throughout American history. Each time, the vice president followed the "Tyler precedent" and became the president. 

The Constitution also did not provide a procedure for filling a vacant vice president's office. Seven vice presidents have died in office, and one resigned.

Other ambiguities about presidential disability led to power conflicts and confusion. For example, as the Library of Congress notes:

• President James Garfield was in a coma for 80 days before he ultimately died. 

• President Woodrow Wilson was incapacitated for the last year-and-a-half of his term due to a stroke. 

These circumstances led to many questions. Unfortunately, the Constitution provided little guidance. For example, it did not specify who had the authority to declare the president was disabled or unable to perform their powers and duties. It also did not specify the procedure for a president who was temporarily disabled and wanted to return to office. 

President Dwight D. Eisenhower, who served from 1953 to 1961, battled several illnesses while in office. During this time, Congress began discussing how to nail down the presidential succession procedure. However, congressional movement on the issue only kicked into high gear in 1963 after President John F. Kennedy's unexpected death.

The Assassination of President John F. Kennedy

The assassination of President Kennedy in 1963 and its immediate aftermath prompted Congress to address questions about presidential succession and power transfers.

Following the assassination, Vice President Lyndon B. Johnson took the oath of office and became the President of the United States. This left the vice president's office vacant, and there was no clear procedure for filling it. 

The states ratified the 25th Amendment in 1967. As noted above, it explicitly states that the vice president becomes president in the case of a presidential vacancy. It also gives the president the power to fill the office of vice president when it is vacant. It also specifies how and when the president, vice president, and cabinet members may decide the president is unfit to perform their powers and duties. 

The 25th Amendment in Action

In 1973, Vice President Spiro Agnew resigned due to allegations that he took bribes while Governor of Maryland. Agnew was vice president to President Richard Nixon, who had his own legal troubles stemming from the Watergate Scandal. 

Nixon nominated Representative Gerald R. Ford for the vice presidency, which was confirmed by both the Senate and the House. 

Following Nixon's resignation in 1974, Ford became President of the United States. This made Ford the first vice president and president in American history to sit in those offices without winning the general election. 

President Ford then used the 25th Amendment to nominate New York Governor Nelson Rockefeller as his vice president. Rockefeller, therefore, became the second vice president to reach the White House without running in the general election.