The Twenty-fifth Amendment to the U.S. Constitution deals with issues related to presidential succession and disability. It clarifies that the vice president becomes president if the president dies, resigns, or is removed from office. The amendment also establishes procedures for filling a vacancy in the office of vice president and for responding to presidential disabilities.
About Twenty-fifth Amendment to the United States Constitution in brief
The Twenty-fifth Amendment to the U.S. Constitution deals with issues related to presidential succession and disability. It clarifies that the vice president becomes president if the president dies, resigns, or is removed from office. The amendment also establishes procedures for filling a vacancy in the office of vice president and for responding to presidential disabilities. It was submitted to the states on July 6, 1965, by the 89th Congress and was adopted on February 10, 1967, during the 90th Congress, the day that the requisite number of individual states had ratified the amendment. It is the only section of the amendment’s only section that has never been invoked. The president regains his powers and duties when he declares in writing that he is again ready to discharge them. The vice president does not become president and the president remains in office, although without authority, until the president is again able to discharge his duties. It allows the president to voluntarily transfer his authority to the Vice President by declaring in writing his inability to discharge duties. The transfer of authority is immediate, and the vicePresident becomes acting president – not president – while the president stays in office. It contrasts with the Constitution’s procedure for removal of the president from office for high crimes and misdemeanors, which requires a two-thirds vote of the House and two thirds of the Senate followed by a majority vote of both houses of Congress. It also allows the vicepresident to remain acting president indefinitely, if a majority of the principal officers of the executive departments have not issued a second declaration of incapacity, then the president resumes his powers.
If a second Declaration of incapacious is issued within the four-day period then the vice President remains acting president while Congress considers the matter. If within 21 daysthe Senate and the House determine, each by a two thirds vote, that the president is incapacitated, the Vice president continues as acting president; otherwise the president resume his power and duties. On October 12, 1973, President Spiro Agnew resigned as vice president following Vice President Richard Nixon’s resignation. Two days earlier, the Senate voted 92–3 to confirm Representative Gerald Ford to succeed Agnew. On August 20, 1974, the House of Representatives did the same by a 387–35 vote. When Nixon resigned on August 9, Ford was sworn in later that day before a joint session of the United States Congress. When Gerald Ford became president and became vice president, Melvin Melvin became the only person to serve as both president and vice president without being elected to either office. He is only person ever to serve both as both vice president. He was succeeded to the presidency by Gerald Ford, who was inaugurated on August 21, 1974. He died on August 25, 1975, and was succeeded by Vice President Melvin Melvin, who became the president on August 27, 1975. He became the first African-American to hold both offices. He served until his death on August 31, 1976, when he was sworn into office.
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