Twenty-fifth Amendment to the United States Constitution
The Twenty-fifth Amendment (Amendment XXV) to the United States Constitution deals with presidential succession and disability.
"Twenty-fifth Amendment" redirects here. For other uses, see Twenty-fifth Amendment (disambiguation).
It clarifies that the vice president becomes president if the president dies, resigns, or is removed from office through impeachment, and establishes how a vacancy in the office of the vice president can be filled.
It also provides for the transfer of the president's powers and duties to the vice president, either on the initiative of the president alone or on the initiative of the vice president together with a majority of the president's cabinet. In either case, the vice president becomes acting president until the presidential powers and duties are returned to the president.
The amendment was submitted to the states on July 6, 1965, by the 89th Congress, and was adopted on February 10, 1967, the day that the requisite number of states (38) had ratified it.[1]
Article II, Section 1, Clause 6 of the Constitution reads:
This provision is ambiguous as to whether, in the enumerated circumstances, the vice president becomes the president, or merely assumes the "powers and duties" of the presidency. It also fails to define what constitutes inability, or how questions concerning inability are to be resolved.[17] The Twenty-fifth Amendment addressed these deficiencies.[2] The ambiguities in Article II, Section 1, Clause 6 of the Constitution regarding death, resignation, removal, or disability of the president created difficulties several times:
The 1951 novel The Caine Mutiny and its 1954 film version influenced the drafters of the amendment. John D. Feerick told The Washington Post in 2018 that the film was a "live depiction" of the type of crisis that could arise "if a president ever faced questions about physical or mental inabilities but disagreed completely with the judgment", which was not dealt with in the Constitution. Lawmakers and lawyers drafting the amendment wanted no such "Article 184 situation" as depicted in the film, in which the Vice President of the U.S. or others could topple the President by merely saying that the President was "disabled".[25]
Proposal, enactment, and ratification[edit]
Keating–Kefauver proposal[edit]
In 1963, Senator Kenneth Keating of New York proposed a Constitutional amendment which would have enabled Congress to enact legislation providing for how to determine when a president is unable to discharge the powers and duties of the presidency, rather than, as the Twenty-fifth Amendment does, having the Constitution so provide.[26]: 345 This proposal was based upon a recommendation of the American Bar Association in 1960.[26]: 27
The text of the proposal read:[26]: 350