Amendment 25 of 27 · 1967
Twenty-fifth Amendment
Presidential succession
The one-line version
If the President dies, resigns, or cannot do the job, the Vice President takes over, sometimes for only a few hours.
The Twenty-fifth Amendment in plain English
Section 1. If the President is removed from office, dies, or resigns, the Vice President becomes President.
Section 2. If the office of Vice President becomes vacant, the President nominates a Vice President. The new Vice President takes office once confirmed by a majority vote of both houses of Congress.
Section 3. The President can voluntarily transfer power to the Vice President by sending a written declaration to the President pro tempore of the Senate and the Speaker of the House. The Vice President serves as Acting President until the President sends another written declaration ending the transfer.
Section 4. The Vice President and a majority of either the Cabinet or another body designated by Congress can declare in writing that the President is unable to perform the duties of office. The Vice President then immediately serves as Acting President.
If the President sends a written declaration that they are able to resume duties, the President resumes the office — unless the Vice President and the same majority send a second written declaration within four days that the President is still unable. In that case, Congress decides. Congress must convene within 48 hours if not in session. Congress has 21 days to reach a two-thirds vote in both houses that the President is unable. If both houses reach this vote, the Vice President continues as Acting President. Otherwise, the President resumes the office.
Original text, 1967
Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
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.
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.
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.
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 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.
Phrase by phrase
the Vice President shall become President
- The Vice President becomes President.
the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress
- The President picks a new Vice President, and a majority of both houses of Congress must approve.
his written declaration that he is unable to discharge the powers and duties of his office
- A written statement that the President cannot do the job for now.
such powers and duties shall be discharged by the Vice President as Acting President
- The Vice President does the job as Acting President.
the Vice President and a majority of either the principal officers of the executive departments
- The Vice President and most of the Cabinet can act together.
determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office
- If the President disagrees, two-thirds of both houses must vote that the President cannot serve. Otherwise, the President returns.
Picture it
Example. Not legal advice.
The President needs surgery and will be under general anesthesia for an hour. Before the surgery, the President sends a letter to the leaders of the House and Senate. The letter hands power to the Vice President. For that hour, the Vice President is Acting President. When the President wakes up and sends a second letter, power goes back.
Myth check
MythThe Twenty-Fifth Amendment is a quick way to remove a President people disagree with.
FactSection 4 is about a President who is unable to do the job. If the President objects, it takes a two-thirds vote of both houses to keep the Vice President in charge. Section 4 has never been used.
MythThe Vice President has always clearly been able to fill in for a sick President.
FactBefore 1967, the Constitution did not say how to handle a President who was alive but unable to serve.
Common questions
What does the 25th Amendment say in simple terms?
If the President dies, resigns, or is removed, the Vice President becomes President. It also explains how to fill an empty vice presidency. And it sets rules for when a President cannot do the job, even for a short time.
What happens if the president dies?
The Vice President becomes President. Section 1 of the 25th Amendment says this directly. The new President then nominates a new Vice President, who takes office once a majority of both houses of Congress approves.
How does the 25th Amendment work?
It has four parts. Section 1 makes the Vice President President if the office opens. Section 2 fills an empty vice presidency. Section 3 lets a President hand over power for a time. Section 4 lets the Vice President and Cabinet act if the President cannot.
Can the 25th Amendment remove a president?
Not exactly, and Section 4 has never been used. Under it, the Vice President and most of the Cabinet can declare the President unable to serve. The Vice President becomes Acting President. If the President objects, two-thirds of both houses must agree, or the President returns.
Has the 25th Amendment ever been used?
Yes, several times. Gerald Ford became Vice President in 1973 and President in 1974 under it. George W. Bush and Joe Biden used Section 3 to hand over power briefly during medical procedures. Section 4 has never been used.
What happens if the vice president dies or resigns?
The President nominates a new Vice President. That person takes office after a majority of both the House and the Senate votes to confirm. This happened with Gerald Ford in 1973 and Nelson Rockefeller in 1974.
Go deeper
The scene · 1967
President Dwight Eisenhower had a heart attack in 1955 and a stroke in 1957, and no clear rule said who should lead while he recovered. When President John F. Kennedy was killed in 1963, Lyndon Johnson became President. The country then had no Vice President for more than a year. The Twenty-Fifth Amendment, ratified in 1967, filled those gaps.
Back then
Before 1967, the Constitution said only that the President's powers would "devolve on" the Vice President in some cases. It did not say how to fill an empty vice presidency. It also did not say who decides when a President is too sick to serve. Kennedy's death made those gaps urgent.
Words that changed
- “principal officers of the executive departments”
ThenThe heads of the main federal departments.
NowThe Cabinet, such as the Secretary of State and the Attorney General.
- “President pro tempore”
ThenA senator chosen to lead the Senate when the Vice President is absent.
NowSame today. It is usually the longest-serving senator in the majority party.
More history and context
The Twenty-Fifth Amendment was ratified on February 10, 1967. It followed the killing of President John F. Kennedy in 1963. Before it, the Constitution was unclear about succession and did not say how to handle a President who was alive but unable to serve.
The amendment has been used several times. Section 1 applied when President Richard Nixon resigned in 1974 and Vice President Gerald Ford became President. Section 2 was used when Ford was chosen as Vice President in 1973 after Spiro Agnew resigned. It was used again in 1974, when President Ford chose Nelson Rockefeller as Vice President.
Section 3 has been used by Presidents George W. Bush (2002 and 2007) and Joe Biden (2021). Ronald Reagan sent a similar letter in 1985 without formally naming Section 3. Each time, the President briefly handed over power during a medical procedure that required anesthesia. Section 4, which covers a transfer of power without the President's consent, has never been used.
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