[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.



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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.



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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.



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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.