The Choice The 25th Amendment: Presidential Succession
This amendment is especially relevant now and outlines procedures for succession due to death or disability.
Issue #966 The Choice, Friday, December 5, 2025
Every Friday until the end of 2025, we will publish a post about each of the 27 Amendments to the Constitution.
Ratified on February 10, 1967, the Twenty-Fifth Amendment to the United States Constitution addresses critical questions about presidential succession and disability. This amendment handles transitions of power and ensures continuity of government during times of crisis.
Before the Twenty-Fifth Amendment, the Constitution contained a significant ambiguity regarding presidential succession. The original Constitution stated that if the president died, resigned, or was removed from office, the vice president would assume the presidency. However, it did not clearly address what would happen if the vice president died or resigned, leaving the office vacant. Additionally, the Constitution provided no mechanism for dealing with a president who became disabled or incapacitated but did not formally resign.
Throughout American history, nine presidents died in office—four by assassination and five from natural causes. Each time a president died, the nation was left without a vice president for the remainder of that term. Additionally, there were instances where presidents were seriously ill or incapacitated, yet no clear procedure existed for transferring power temporarily or permanently.
This is particularly relevant today, as the current president is clearly in medical and cognitive decline and shows no desire to leave office, yet believes he can and should run for an unconstitutional third term in 2028.
The most immediate catalyst for the amendment came with the assassination of President John F. Kennedy on November 22, 1963. Vice President Lyndon B. Johnson assumed the presidency, but the office of vice president remained vacant for the remainder of Johnson’s term. The nation was left in a precarious position: if something had happened to President Johnson, there was no clear successor. This vulnerability exposed the constitutional weakness that had existed for nearly two centuries.
The amendment was first introduced in Congress on September 28, 1964. The goal was to create a clear, workable system that would address both the succession problem and the disability issue.
By July 6, 1965, Congress had approved the amendment and sent it to the states for ratification. The ratification process moved relatively quickly. By February 10, 1967, the required three-fourths of the states had ratified the amendment, making it official.
The Twenty-Fifth Amendment consists of four sections, each addressing different aspects of presidential succession and disability:
Section 1: Vice Presidential Succession
The first section codified what had become traditional practice: “In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.”
This section formalized the precedent set by John Tyler’s assumption of the presidency after William Henry Harrison’s death in 1841. Having this practice explicitly stated in the Constitution removed any ambiguity about whether the vice president merely assumed the powers and duties of the office or actually became president.
Section 2: Filling a Vice Presidential Vacancy
Section 2 addressed the problem of a vacant vice presidency: “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.”
For the first time in American history, it provided a mechanism for filling a vice presidential vacancy during a presidential term. Previously, if a vice president died or resigned, the office remained empty until the next election. Section 2 changed this by allowing the president to nominate a replacement, subject to congressional approval.
Section 3: Voluntary Presidential Disability
Section 3 addresses situations where a president voluntarily declares himself unable to perform his duties: “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.”
This section allows a president to temporarily transfer power to the vice president. The president can later resume power by sending another written declaration. This provision was designed to handle situations such as a president undergoing surgery or other medical procedures requiring temporary incapacity.
Section 4: Involuntary Presidential Disability
Section 4 is the most controversial and complex provision: “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.”
This section allows the vice president and a majority of the cabinet (or another body designated by Congress) to declare the president unable to serve, even without the president’s consent. However, the president can challenge this declaration by sending a written statement to Congress asserting that he is able to resume his duties. Congress then has 21 days to decide the matter. If two-thirds of both houses vote that the president is unable to serve, the vice president remains acting president. Otherwise, the president resumes power.
Today, many people are calling for the 25th Amendment to be invoked against Donald Trump. However, Section 4 is deliberately difficult to invoke, requiring both the vice president and a majority of the cabinet to agree that the president is incapacitated.
The Twenty-Fifth Amendment has been invoked several times since its ratification:
The Agnew-Ford Succession (1973)
The first application of the amendment came in 1973 when Vice President Spiro Agnew resigned amid charges of bribery and corruption. President Richard Nixon invoked Section 2 to nominate House Republican minority leader Gerald R. Ford as the new vice president. Ford was confirmed by Congress and assumed the office. This was the first time in American history that a vice president was appointed rather than elected.
Less than a year later, when President Nixon resigned in August 1974 due to the Watergate scandal, Ford became president under Section 1. Ford then used Section 2 again to nominate Nelson Rockefeller as vice president. For the first time in American history, both the president and vice president had been appointed rather than elected.
Presidential Disability Declarations
Section 3 has been invoked on several occasions when presidents underwent medical procedures. President Ronald Reagan used it in 1985 when undergoing cancer surgery. President George W. Bush invoked it twice in 2002 and 2007 when undergoing colonoscopies. These temporary transfers of power, though brief, demonstrated that the amendment’s disability provisions could work smoothly in practice.
Section 4 Considerations
Section 4 has never been formally invoked, though it has been discussed during various presidential crises. During the Trump administration, some cabinet members reportedly considered invoking Section 4 during periods of concern about the president’s fitness for office. However, the high bar for invoking this section—requiring both the vice president and a majority of the cabinet to agree—has prevented its use.
The Twenty-Fifth Amendment transformed the presidency from an office where succession and disability were matters of uncertainty and precedent into one governed by clear constitutional rules. This clarity is essential for maintaining the stability and continuity of government.
By establishing clear procedures for presidential succession and disability, the Twenty-Fifth Amendment provides stability and continuity during transitions and crises.
The second Trump Administration is worse than the first, and certainly qualifies as a Constitutional crisis!
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