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Learn the U.S. Constitution – Day 22 

 November 28, 2020

By  Oak Norton

U.S. Constitution Class

Day 22: U.S. Constitution

Amendments to the Constitution

AMENDMENT XXV

Passed by Congress July 6, 1965. Ratified February 10, 1967.

Note: Article II, section 1, of the Constitution was affected by the 25th amendment.

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.

Questions:

1) What situations did this amendment solve?

2) What danger does this amendment introduce?

Answers:

1) The vice-president has the right to become president under certain circumstances. The president can appoint a vice-president under certain circumstances. A vacancy in the office of vice-president can be filled immediately instead of waiting for the next election.

2) If a vice-president had political ambitions to seize the office of president, and he could convince the majority of members of the president’s cabinet that the president was unfit for duty, he could become president under coup-like circumstances.

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(Featured Image by W. Scott McGill  @123rf.com)

Oak Norton


Father of 5 children, husband to 1 amazingly patient woman, entrepreneur, and education advocate.

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