    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress]
    [104th Congress]
    [House Document 103-342]
    [The United States Constitution]
    [Pages 109-112]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                              AMENDMENT XXV.c

    Sec. 252. Presidential succession and
    inability.

      Section 1.  In case of the removal of the President from office or of
    his death or resignation, the Vice President shall become President.

    [[Page 110]]

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      c The 25th amendment to the Constitution of the United States was
    proposed to the legislatures of the several States by the 89th Congress
    on July 7, 1965, and was declared by the Administrator of General
    Services, in a proclamation dated February 23, 1967, to have been
    ratified by the legislatures of thirty-nine of the fifty States. The
    dates of these ratifications were: Nebraska, July 12, 1965; Wisconsin,
    July 13, 1965; Oklahoma, July 16, 1965; Massachusetts, August 9, 1965;
    Pennsylvania, August 18, 1965; Kentucky, September 15, 1965; Arizona,
    September 22, 1965; Michigan, October 5, 1965; Indiana, October 20,
    1965; California, October 21, 1965; Arkansas, November 4, 1965; New
    Jersey, November 29, 1965; Delaware, December 7, 1965; Utah, January 17,
    1966; West Virginia, January 20, 1966; Maine, January 24, 1966; Rhode
    Island, January 28, 1966; Colorado, February 3, 1966; New Mexico,
    February 3, 1966; Kansas, February 8, 1966; Vermont, February 10, 1966;
    Alaska, February 18, 1966; Idaho, March 2, 1966; Hawaii, March 3, 1966;
    Virginia, March 8, 1966; Mississippi, March 10, 1966; New York, March
    14, 1966; Maryland, March 23, 1966; Missouri, March 30, 1966; New
    Hampshire, June 13, 1966; Louisiana, July 5, 1966; Tennessee, January
    12, 1967; Wyoming, January 25, 1967; Iowa, January 26, 1967; Washington,
    January 26, 1967; Oregon, February 2, 1967; Minnesota, February 10,
    1967; Nevada, February 10, 1967. Ratification was completed February 10,
    1967. The amendment was subsequently ratified by Connecticut, February
    14, 1967; Montana, February 15, 1967; South Dakota, March 6, 1967; Ohio,
    March 7, 1967; Alabama, March 14, 1967; North Carolina, March 22, 1967;
    Illinois, March 22, 1967; Texas, April 25, 1967; Florida, May 25, 1967.

    Sec. 253. Confirmation by House and Senate of
    nominee to fill vice presidential vacancy.

      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.

    [[Page 111]]

    Sec. 254. President's declaration of
    disability.

      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.

    Sec. 255. Determination of presidential inability
    and 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.

    [[Page 112]]
    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.

      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

    Sec. 256. Instances where House and Senate have
    confirmed nominee as Vice President.

      Congress  has twice performed its
    responsibility under section two of the 25th amendment. On October 13,
    1973, the Speaker laid before the House a message from President Nixon
    transmitting his nomination of Gerald R. Ford, Representative and
    Minority Leader in the House of Representatives, to be Vice President of
    the United States, Vice President Agnew having resigned on October 10,
    1973. The Speaker referred the nomination to the Committee on the
    Judiciary, which under clause 1(m)(15) of rule X has jurisdiction over
    messages and matters relating to Presidential succession (Oct. 13, 1973,
    p. 34032). The nomination of Mr. Ford to be Vice President was confirmed
    by the Senate on November 27, 1973 (p. 38225) and by the House on
    December 6, 1973 (p. 39900), and Vice President Ford was sworn in in the
    Chamber of the House of Representatives on December 6 (p. 39925).
    Subsequently, President Nixon resigned from office by delivering his
    written resignation into the office of the Secretary of State, pursuant
    to 3 U.S.C. 20, on August 9, 1974. Pursuant to section one of the 25th
    amendment, Vice President Ford became President, and was sworn in in the
    East Room at the White House. He nominated Nelson A. Rockefeller to be
    Vice President which nomination was received in the House of
    Representatives and referred to the Committee on the Judiciary on August
    20, 1974; the nomination was confirmed by the Senate on December 10,
    1974 (p. 38936) and by the House on December 19, 1974 (p. 41516), and
    Vice President Rockefeller was sworn in in the Senate Chamber on
    December 19, 1974 (p. 41181). On both instances, the House received the
    message from the Senate, announcing that body's confirmation of the
    nominee for Vice President, following the vote on confirmation by the
    House. On July 15, 1985 (pp. 18955-56) the Speaker laid before the House
    two communications from the President of the United States advising (1)
    of the President's temporary period of incapacity of discharging the
    Constitutional powers and duties of the Office of President and
    directing that the Vice President discharge those duties in his stead
    and (2) a subsequent Presidential determination of his ability to resume
    those powers and duties.