    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 112th Congress]
    [112nd Congress]
    [House Document 111-157]
    [The United States Constitution]
    [Pages 117-120]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                          AMENDMENT XXV.\16\

    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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    [[Page 118]]

      \16\ 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 39 of the 50 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.
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    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 119]]

    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 120]]

    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 in which House and Senate have
    confirmed nominee as Vice President; temporary incapacity of
    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, 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 rule X has jurisdiction over
    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 to 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.

      The Chair laid before the House communications from the President
    pursuant to section three of this amendment as follows: First, before
    undergoing sedation for a medical procedure, declaring his impending
    inability to discharge the constitutional powers and duties of the
    Office of President and advising that the Vice President would discharge
    those responsibilities as Acting President until the President declared
    his ability to resume that role; and second (after recovering from the
    sedation and the medical procedure) declaring his ability to resume the
    discharge of the constitutional powers and duties of the Office of
    President, and advising that he was doing so immediately (July 15, 1985,
    p. 18955; July 8, 2002, pp. 12089, 12090; July 23, 2007, p. 20036).