Background Twenty-fifth Amendment to the United States Constitution

1 background

1.1 keating–kefauver proposal
1.2 kennedy assassination
1.3 bayh–celler proposal

background

article ii, section 1, clause 6 of constitution states:

in case of removal of president office, or of death, resignation, or inability discharge powers , duties of said office, same shall devolve on vice president, , congress may law provide case of removal, death, resignation or inability, both of president , vice president, declaring officer shall act president, , such officer shall act accordingly, until disability removed, or president shall elected.

that clause unclear regarding presidential succession , inability; did not state had power declare president incapacitated. also, did not provide mechanism filling vice presidential vacancy before next presidential election. vagueness of clause caused difficulties many times before twenty-fifth amendment s adoption:

in 1841, president william henry harrison became first u.s. president die in office. representative john williams had suggested vice president should become acting president upon death of president. john tyler asserted had succeeded presidency, opposed obtaining powers , duties. declined acknowledge documents referring him acting president . although felt vice presidential oath negated need presidential oath, tyler persuaded being formally sworn-in clear doubts right office. having done so, moved white house , assumed full presidential powers. tyler s claim not formally challenged, , both houses of congress adopted resolution confirming tyler tenth president of united states, without qualifiers. precedent of full succession established. became known tyler precedent .
there had been occasions when president incapacitated. example, following woodrow wilson s stroke no 1 officially assumed presidential powers , duties, in part because first lady, edith wilson, white house physician, cary t. grayson, covered president wilson s condition.
the office of vice president had been vacant sixteen times due death or resignation of vice president or succession presidency. example, there no vice president 4 years after assassination of abraham lincoln. during impeachment of andrew johnson there no vice president succeed him. @ time, presidential succession act of 1792 provided president pro tempore of senate succeed johnson if removed office. had impeachment trial of andrew johnson resulted in johnson being removed office, senator benjamin wade, president pro tempore of senate, have become acting president pending special presidential election.

after having been temporarily incapacitated several severe health problems, president dwight d. eisenhower attempted clarify procedures through signed agreement vice president richard nixon, drafted attorney general herbert brownell jr.. however, agreement did not have legal authority. eisenhower suffered heart attack in september 1955 , intestinal problems requiring emergency surgery in july 1956. each time until eisenhower able resume duties, nixon presided on cabinet meetings and, along eisenhower aides, kept executive branch functioning , assured public situation under control. however, nixon never made effort formally assume status of acting president or president.

all of these incidents made evident clearer guidelines needed. there 2 proposals providing guidelines.

keating–kefauver proposal

in 1963, senator kenneth keating of new york proposed constitutional amendment have enabled congress enact legislation providing how determine when president unable discharge powers , duties of office , rather than, twenty-fifth amendment does, having constitution provide. proposal based upon recommendation of american bar association in 1960.

the text of proposal read:

in case of removal of president office or of death or resignation, said office shall devolve on vice president. in case of inability of president discharge powers , duties of said office, said powers , duties shall devolve on vice president, until inability removed. congress may law provide case of removal, death, resignation or inability, both of president , vice president, declaring officer shall president, or, in case of inability, act president, , such officer shall or act president accordingly, until president shall elected or, in case of inability, until inability shall earlier removed. commencement , termination of inability shall determined such method congress shall law provide.

senators raised concerns congress either abuse such authority or neglect enact such legislation after adoption of proposal. tennessee senator estes kefauver, chairman of senate judiciary committee s subcommittee on constitutional amendments, long-time advocate addressing disability question, spearheaded effort until died of heart attack on august 10, 1963. senator keating defeated in 1964 election, senator roman hruska of nebraska took keating s cause new member of subcommittee on constitutional amendments.

kennedy assassination

the assassination of john f. kennedy showed need clear way determining presidential disability in context of cold war. new president, lyndon b. johnson, had once suffered heart attack , – office of vice president remain vacant until next term began on january 20, 1965 – next 2 people in line of succession 71-year-old speaker of house john mccormack , 86-year-old senate president pro tempore carl hayden. senator birch bayh succeeded kefauver chairman of subcommittee on constitutional amendments , set advocating detailed amendment dealing presidential disability.

bayh–celler proposal

on january 6, 1965, senator birch bayh proposed s. j. res. 1 in senate , representative emanuel celler (chairman of house judiciary committee) proposed h. j. res. 1 in house of representatives. proposal specified process president declared unable discharge powers , duties of office , thereby making vice president acting president, , how president regain powers of office. also, proposal provided way fill vacancy in office of vice president before next presidential election. opposed keating–kefauver proposal, neither provided filling vacancy in office of vice president prior next presidential election nor provided process determining presidential disability. in 1964, american bar association endorsed type of proposal bayh , celler advocated. on january 28, 1965, president johnson endorsed s. j. res. 1 in statement congress. proposal received bipartisan support.

on february 19, senate passed amendment, house passed different version of amendment on april 13. on april 22, returned senate revisions. there 4 areas of disagreement between house , senate versions:

the senate official receive written declaration under amendment
the period of time during vice president , cabinet must decide whether disagree president s declaration fit resume duties
the time before congress meets resolve issue between president, vice president, , cabinet
the time limit congress reach decision

on july 6, after conference committee ironed out differences between versions, final version of amendment passed both houses of congress , presented states ratification.