Amendment 25 — Finalization Of The Presidential Succession Clause At The Federal Convention

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Twenty-Fifth 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.

The delegates to the Federal Convention reconsidered the draft Presidential Succession Clause less than two weeks before the Convention’s end. The Brearley Committee on Leftovers, a group of eleven delegates who met separately to work out the details of the presidency and other thorny issues,[1](https://www.law.cornell.edu/constitution-conan/amendment-25/finalization-of-the-presidential-succession-clause-at-the-federal-convention#fn1amd25 " See 1 The Records of the Federal Convention of 1787, 481, 493 (Max Farrand ed., 1911) [hereinafter Farrand’s Records] (Madison’s notes, Aug. 27 and Sept. 4, 1787). The Brearley Committee was also known as the “Committee on Postponed Parts.” ") reported a revised Succession Clause to the Convention on September 4.[2](https://www.law.cornell.edu/constitution-conan/amendment-25/finalization-of-the-presidential-succession-clause-at-the-federal-convention#fn2amd25 " Id. at 495 (Madison’s note’s Sept. 4, 1787). ") This draft, which designated the newly created office of the Vice President as the President’s successor,[3](https://www.law.cornell.edu/constitution-conan/amendment-25/finalization-of-the-presidential-succession-clause-at-the-federal-convention#fn3amd25 " During its deliberations, the Brearley Committee created the office of Vice President to assume the President’s powers and duties in the event of the President’s removal, death, absence, resignation, or inability. Id. at 495. ") provided that

in case of [the President’s] removal as aforesaid, death, absence, resignation or inability to discharge the powers or duties of his office the Vice President shall exercise those powers and duties until another President be chosen, or until the inability of the President be removed.[4](https://www.law.cornell.edu/constitution-conan/amendment-25/finalization-of-the-presidential-succession-clause-at-the-federal-convention#fn4amd25 " Id. ")

On September 7, 1787, the delegates approved language authorizing Congress to determine by law who would act as President if both the President and Vice President were unable to discharge the powers and duties of the presidency.[5](https://www.law.cornell.edu/constitution-conan/amendment-25/finalization-of-the-presidential-succession-clause-at-the-federal-convention#fn5amd25 " Id. at 532 (Madison’s notes, Sept. 7, 1787) ( “The Legislature may declare by law what officer of the United States shall act as President in case of the death, resignation, or disability of the President and Vice President; and such Officer shall act accordingly, until such disability be removed, or a President shall be elected.” ). This language reflected revisions suggested by James Madison, who wanted to ensure that Congress could call a special election to fill a presidential vacancy before the next scheduled election. Id. at 535. ") The Committee of Style, which prepared the Constitution’s final draft, combined this newly approved language on simultaneous vacancy or inability with the Brearley Committee’s language on presidential succession.[6](https://www.law.cornell.edu/constitution-conan/amendment-25/finalization-of-the-presidential-succession-clause-at-the-federal-convention#fn6amd25 " See id. at 495, 573, 575, 598–99 (Report of the Committee of Style, Sep. 10–12, 1787). ") As revised, the final draft of the Succession Clause in Article II, Section 1, Clause 6 of the original Constitution provided that:

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.[7](https://www.law.cornell.edu/constitution-conan/amendment-25/finalization-of-the-presidential-succession-clause-at-the-federal-convention#fn7amd25 " Id. at 659 (reproducing the Constitution’s final text). See also U.S. Const. art. II, § 1, cl. 6. For more information on presidential succession under the original Constitution, see . ")

The original Constitution thus provided for the Vice President to assume the President’s powers and duties upon the President’s removal, death, resignation, or inability. Congress was empowered to establish the line of succession to the presidency if both the President and Vice President were unable to discharge the powers and duties of the presidency. However, the original Succession Clause left many issues unresolved, including how to define presidential inability, who would determine such inability, and how such determinations would be made. As revised by the Committee of Style, the Clause did not definitively resolve the question of whether the Vice President would become President or merely exercise the President’s powers and duties as “Acting President” during a presidential vacancy or inability. This omission later resulted in debates about whether the President could resume his office upon recovering from an inability if the Vice President had assumed the President’s powers and duties.[8](https://www.law.cornell.edu/constitution-conan/amendment-25/finalization-of-the-presidential-succession-clause-at-the-federal-convention#fn8amd25 " See ")

Footnotes

1

See 1 The Records of the Federal Convention of 1787, 481, 493 (Max Farrand ed., 1911) [hereinafter Farrand’s Records] (Madison’s notes, Aug. 27 and Sept. 4, 1787). The Brearley Committee was also known as the “Committee on Postponed Parts.”

2

Id. at 495 (Madison’s note’s Sept. 4, 1787).

3

During its deliberations, the Brearley Committee created the office of Vice President to assume the President’s powers and duties in the event of the President’s removal, death, absence, resignation, or inability. Id. at 495.

4

Id.

5

Id. at 532 (Madison’s notes, Sept. 7, 1787) ( “The Legislature may declare by law what officer of the United States shall act as President in case of the death, resignation, or disability of the President and Vice President; and such Officer shall act accordingly, until such disability be removed, or a President shall be elected.” ). This language reflected revisions suggested by James Madison, who wanted to ensure that Congress could call a special election to fill a presidential vacancy before the next scheduled election. Id. at 535.

6

See id. at 495, 573, 575, 598–99 (Report of the Committee of Style, Sep. 10–12, 1787).

7

Id. at 659 (reproducing the Constitution’s final text). See also U.S. Const. art. II , § 1, cl. 6. For more information on presidential succession under the original Constitution, see .

8

See