Constitutional Amendment XXV

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What happens if a President of the United States of America becomes “unhinged” and is unable to discharge the powers and duties of his office? The answer is provided by Section 4 of Amendment XXV to the United States Constitution, which was ratified February 10, 1967. Listed next is a summary of this Section 4 of the Twenty-Fifth Amendment.

1. Whenever the Vice President AND a majority of either (a) the Cabinet Secretaries of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, State, Transportation, Treasury, and Veterans Affairs, as well as the Attorney General OR (b) such other body as Congress may by law provide (a Presidential Capacity Oversight Commission for example) transmit to the President pro tempore of the Senate (Senate Majority Leader) 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.

2. Thereafter, when the President transmits to the Senate Majority Leader and the Speaker of the House his written declaration that no inability exists, the President 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 a Congressional President Fitness Committee transmit within four days to the Senate Majority Leader and the Speaker of the House their written declaration that the President is unable to discharge the powers and duties of his office.

3. Then Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session.

4. If the Congress within twenty-one days after receipt of the written declaration in Step 2 above, 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.

It is reassuring that there will not be a Constitutional crisis if a President becomes unhinged. The text of Section 4 of the Twenty-Fifth Amendment is listed next.

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This page was last updated on 09/05/17.