Effect Twenty-fifth Amendment to the United States Constitution

1 effect

1.1 section 1: presidential succession
1.2 section 2: vice presidential vacancy
1.3 section 3: presidential declaration
1.4 section 4: vice presidential–cabinet declaration

1.4.1 proposed replacing of cabinet

effect
section 1: presidential succession

john tyler, first succeed office of president. succession contested , unknown whether should considered president or acting president.

section 1 codified tyler precedent regarding when president removed office, dies, or resigns. in of these situations, vice president becomes president.

section 2: vice presidential vacancy

prior twenty-fifth amendment s adoption, vice presidential vacancy remained until start of next presidential term. vice presidency has been vacant several times due death, resignation, or succession presidency. these vacancies lasted several years.

under section 2, whenever there vacancy in office of vice president, president nominates successor becomes vice president if confirmed majority vote of both houses of congress.

section 3: presidential declaration

section 3 provides when president transmits written declaration president pro tempore of senate , speaker of house of representatives, stating unable discharge powers , duties of presidency, , until president sends written declaration aforementioned officers declaring himself able resume discharging powers , duties, vice president discharges powers , duties acting president.

section 4: vice presidential–cabinet declaration

section 4 part of amendment has never been invoked. allows vice president, majority of either principal officers of executive departments or of such other body congress may law provide , declare president unable discharge powers , duties of office submitting written declaration president pro tempore of senate , speaker of house of representatives. section 3, vice president become acting president.

section 4 meant invoked should president s incapacitation prevent him discharging duties, unable or unwilling provide written declaration called section 3. president may resume exercising presidential duties sending written declaration president pro tempore , speaker of house.

should vice president , majority of cabinet believe president still unable discharge powers , duties of office , may within 4 days of president s declaration submit declaration president incapacitated. if not in session, congress must assemble within 48 hours. congress has 21 days decide issue. if within 21 days two-thirds of each house of congress vote president incapacitated, vice president continue acting president. should congress resolve issue in favor of president, or make no decision within 21 days allotted, president resume discharging powers , duties of office. use of words continue , resume imply vice president remains acting president while congress deliberates.

however, president may again submit written declaration of recovery president pro tempore , speaker of house. declaration responded vice president , majority of cabinet in same way stated earlier. specified 21-day congressional procedure start again.

proposed replacing of cabinet

on april 14, 2017, representatives jamie raskin , earl blumenauer introduced oversight commission on presidential capacity act. bill replace cabinet body that, vice president, determines whether section 4 should invoked. under bill, eleven-member commission conduct examination of president when directed concurrent resolution of congress.

according blumenauer:

it hard imagine better group work vice president examine whether president able discharge duties of office. when there questions president’s ability fulfill or constitutional responsibilities, in country’s best interest have mechanism in place works effectively.