25th Amendment

The assassination of President Kennedy in 1963 raised questions of a constitutional crisis. If the President had survived, but was in a coma or not able to function, who would assume the power of the office? Less than two years after Kennedy's death, on July 6, 1965, Congress passed the 25th Amendment, which not only clarifies the line of succession, but also addresses what is to be done in the case of presidential disability. A second clause was added in 1967 regarding the selection of a Vice President for an empty seat. It was used when Gerald Ford assumed the Vice Presidency upon the resignation of Spiro Agnew.

The 25th Amendment was an effort to resolve some of the continuing issues revolving about the office of the President by providing procedures for fulfilling the duties of the presidency in the event of his removal, death, or resignation. It speaks more to how the President is succeeded in office, rather than who succeeds to the office.

The amendment has four provisions: (1) In the event of removal, death, or resignation of a President, the Vice President becomes President. (2) In the event of a vacancy in the Vice Presidential office, thePresident nominates someone who must be confirmed by a majority vote in both the Senate and House of Representatives. (3) When a president declares himself or herself unable to serve in office, his or her duties will be taken over by the Vice President as acting President until the President declares himself or herself able to serve again. (4) When the Vice President and either a majority of the heads of the executive departments or a specific congressionally determined body considers a President unable to fulfill his or her duties, the Vice President becomes acting president. When the President then declares that he or she is again able to fulfill the office, he or she resumes those duties. That is, unless the Vice President and either a majority of the heads of the executive departments or a specific congressionally determined group declares within 4 days that the President is unfit. At that point, Congress is required to decide the issue within 21 days. A two-thirds vote is required to declare the president unfit, in which case the Vice President continues to be acting President.

The Amendment codified the tradition started by President John Tyler. In 1840, President William Harrison became the first president to die in office. Tyler was his Vice President and assumed the Presidency. However, Article II of the Constitution states only that the duties of a deceased President fall to the Vice President and does not say that the Vice President takes the office. Seven other Vice Presidents since Tyler followed his lead and succeeded to the Presidency over the next 125 years. It was not until the 25th Amendment that the tradition became law.