Invocations Twenty-fifth Amendment to the United States Constitution




1 invocations

1.1 succession presidency
1.2 filling vice presidential vacancies

1.2.1 1973: appointment of gerald ford vice president
1.2.2 1974: appointment of nelson rockefeller vice president


1.3 acting presidents

1.3.1 1985: george h.w. bush
1.3.2 2002: dick cheney
1.3.3 2007: dick cheney







invocations

(l–r): president richard nixon, first lady pat nixon, betty ford , gerald ford, after president nixon nominated gerald ford vice president

(the white house, october 13, 1973)



the twenty-fifth amendment has been invoked 6 times since ratification. first 3 times applications of sections 1 , 2 in context of scandals surrounding nixon administration. latter 3 applications of section 3 regarding presidents undergoing medical procedure requiring general anesthesia.


succession presidency

nixon s resignation letter, august 9, 1974.


president richard nixon resigned on august 9, 1974, resulting in vice president gerald ford succeeding office of president. gerald ford person ever vice president, , later president, without being elected either office.


filling vice presidential vacancies
1973: appointment of gerald ford vice president

on october 12, 1973, following vice president spiro agnew s resignation 2 days earlier, president richard nixon nominated representative gerald ford of michigan succeed agnew vice president.


the united states senate voted 92–3 confirm ford on november 27 and, on december 6, house of representatives did same vote of 387–35. ford sworn in later day before joint session of united states congress.


1974: appointment of nelson rockefeller vice president

when gerald ford became president, office of vice president became vacant. on august 20, 1974, after considering melvin laird , george h. w. bush, president ford nominated former new york governor nelson rockefeller new vice president.


on december 10, 1974, rockefeller confirmed 90–7 senate. on december 19, 1974, rockefeller confirmed 287–128 house , sworn office later day in senate chamber.


acting presidents
1985: george h.w. bush

on july 12, 1985, president ronald reagan underwent colonoscopy, during villous adenoma (a pre-cancerous lesion) discovered. when told physician (dr. edward cattau) undergo surgery or in 2 3 weeks, reagan elected have removed immediately.


that afternoon, reagan consulted white house counsel fred fielding telephone, debating whether invoke amendment and, if so, whether such transfer set undesirable precedent. fielding , white house chief of staff donald regan recommended reagan transfer power , 2 letters doing drafted: first letter invoked section 3 of twenty-fifth amendment; second mentioned reagan mindful of provision. @ 10:32 a.m. on july 13, reagan signed second letter , ordered delivery appropriate officers required under amendment. vice president george h. w. bush acting president 11:28 a.m. until 7:22 p.m., when reagan transmitted second letter resume powers , duties of office.


books such president has been shot: confusion, disability , 25th amendment, herbert abrams, , reagan s autobiography, american life, argue president reagan s intent transfer power vice president bush clear. fielding himself adds:



i know did intend invoke amendment, , conveyed of staff , conveyed vp president of senate. firm in wish not create precedent binding successor.



2002: dick cheney

on june 29, 2002, president george w. bush underwent colonoscopy , chose invoke section 3 of amendment, temporarily transferring powers vice president dick cheney. medical procedure began @ 7:09 a.m. edt , ended @ 7:29 a.m. edt. bush woke twenty minutes later, did not resume presidential powers , duties until 9:24 a.m. edt after president s physician, richard tubb, conducted overall examination. tubb said recommended additional time make sure sedative had no aftereffects. unlike reagan s 1985 letter, bush s 2002 letter cited section 3 authority transfer of power.


2007: dick cheney

on july 21, 2007, president bush again invoked section 3 in response having undergo colonoscopy, temporarily transferring powers vice president cheney. president bush invoked section 3 @ 7:16 a.m. edt. reclaimed powers @ 9:21 a.m. edt. happened in 2002, bush cited section 3 when transferred presidential powers vice president , when reclaimed powers.








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