What is the 25th Amendment to the US Constitution?

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The story behind the 25th Amendment to the US Constitution begins with one of the saddest chapters in American history, the assassination of President John F. Kennedy in 1963. The 25th Amendment was also influenced by the increasing capacity of medical technology. What would the country do if a president were in a coma, or in some other way alive, but incapable of fulfilling his duties? What should the country do if it needed to quickly replace a president who was not able to act?

It had always been clear that the Vice President (VP) would assume the office of President if the President of the United States (POTUS) died in office. The Speaker of the House and the President Pro Tempore of the Senate are next in line to take over if something happens to both the president and the vice president. But what were the rights of the vice president if the President did not survive in office? Furthermore, what would happen if the Vice President died while in office? What were the rights of the President in appointing a new VP?

The 25th Amendment granted certain powers to the POTUS, and to the chief officers of the executive branch, in addition to balancing power by giving deciding rights to the legislative branch (Congress). First off, if a vice president was incapacitated or died in office, the president had a right to appoint a new vice president who would be confirmed by a voting majority in the Senate and the House of Representatives. It also made clear and implicit that the Vice President was the natural successor to the president, and when taking office, he/she has the right to appoint a new VP, who also must be confirmed by house and senate. The President can moreover submit to congress that he/she is unable to faithfully discharge his duties and resign from office, handing the presidency to the VP.

The last section of the 25th Amendment also grants the Vice President and Congress, or a majority of chief executives in the cabinets, the ability to remove a President from office if he is in some way incapable of fulfilling his job. The VP and chief executives must submit a request to have the POTUS removed from office, and both Senate and the House must vote on the measure. The POTUS can only be removed if both the Senate and the House approve the request by a two-thirds majority.

Much has been made of this last section, mainly on a fictional basis. Movies like Air Force One and television shows like 24 and The West Wing have explored this fourth clause from a variety of angles for dramatic purpose. There have been few instances where this fourth part of the 25th Amendment has ever even been considered, and no instances where it has actually been employed. President Richard Nixon used the provisions in the contained in the third section of the 25th Amendment to step down from office with his resignation.

What can be said of the 25th Amendment is that it aims to address emergency situations where a president might need to be removed from office. It also makes clear how someone taking over for the president is allowed to choose his/her successor. Though it’s a useful amendment, it’s not exactly one that the government or the American people would wish to see used.

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Written by Tricia Ellis-Christensen

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