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The '''Twenty-Fifth Amendment''' to the [[United States Constitution]] provides:

The '''Twenty-Fifth Amendment''' to the [[United States Constitution]], added in 1967, provides for a transition of power in the event the [[President of the United States]] dies, becomes incapacitated (due to illness or injury), or is otherwise unable to perform the duties of office.

 

{{cquote|'''Section 1'''. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

{{cquote|'''Section 1'''. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

==Purpose==

==Purpose==

[[File:Economist July 2024.PNG|right|300px|thumb|]]

[[File:Economist July 2024.PNG|right|300px|thumb|]]

This Amendment, ratified in 1967, was adopted in response to President Eisenhower's heart attack and the assassination of President Kennedy.  There were earlier concerns when President Wilson had a very disabling stroke but stayed in power because his wife and the White House concealled the illness<ref>{{cite web|url=https://www.whitehouse.gov/1600/presidents/woodrowwilson|title=Woodrow Wilson|accessdate=January 11, 2015}}</ref>, along with the sudden and unexpected death of President Roosevelt (Franklin) while on vacation. Given the pressure of the [[Cold War]] to have a President always available to provide leadership, even in the event of an illness, a clear procedure was needed to define who could make decisions as Commander-in-Chief.  Some argue that the amendment could be misused to authorized the president to handpick his successor by (1) obtaining the resignation of the vice-president, (2) appointing a new vice-president, and then (3) resigning.  Six years later, President Nixon handpicked the future President Ford in this manner, without Ford ever being elected president.  (Of course, the new Vice President was confirmed by the United States Congress.)

This Amendment was adopted in response to President Eisenhower's heart attack and the assassination of President Kennedy.  There were earlier concerns about operation of Executive Branch duties when President Wilson had a very disabling stroke but stayed in power because his wife and the White House concealed the illness<ref>{{cite web|url=https://www.whitehouse.gov/1600/presidents/woodrowwilson|title=Woodrow Wilson|accessdate=January 11, 2015}}</ref>, along with the sudden and unexpected death of President Roosevelt (Franklin) while on vacation.

 

Given the pressure of the [[Cold War]] to have a President always available to provide leadership, even in the event of an illness, a clear procedure was needed to define who could make decisions as Commander-in-Chief.  Some argued that the amendment could be misused to authorize the president to handpick his successor by (1) obtaining the resignation of the vice-president, (2) appointing a new vice-president, and then (3) resigning.  Six years later, President Nixon handpicked the future President Ford in this manner, without Ford ever being elected president.  (Of course, Vice President Ford was confirmed by the United States Congress, and stood for re-election in 1976.)

Conservatives criticize this amendment by arguing that it was passed to allow unelectable, but powerful, politicians like Nelson Rockefeller to become president.  Indeed, President Ford picked Nelson Rockefeller as his vice president, making Rockefeller next-in-line to become president.  Prior to this amendment and for most of American history, a vacancy in the office of vice-president remained unfilled until the next presidential election. (During such vacancies, an official of the party opposing the President could take office if the President died or left office.)

Others criticized this amendment by arguing that it was passed to allow unelectable, but powerful, politicians like Nelson Rockefeller to become president.  Indeed, President Ford picked Nelson Rockefeller as his vice president, making Rockefeller next-in-line to become president.  Prior to this amendment and for most of American history, a vacancy in the office of vice-president remained unfilled until the next presidential election. (During such vacancies, an official of the party opposing the President could take office if the President died or left office.)

Under Section 4, as enumerated in the United States Code, the Secretaries (including Acting Secretaries) of the following departments are the ones authorized to invoke (or attempt to invoke) the provision regarding Presidential disability: State, Treasury, Defense. Justice (the Attorney General), Interior, Agriculture, Commerce, Labor, Health and Human Services, Housing and Urban Development, Transportation, Energy, Education, Veterans Affairs, and Homeland Security.  Thus, if a President did not agree on his own of a disability, then eight of the 15 Secretaries, plus the Vice President, would have to agree that a sitting President is disabled, in order to invoke the provision (and would also have to agree that the disability has been removed).

Under Section 4, as enumerated in the United States Code, the Secretaries (including Acting Secretaries) of the following departments are the ones authorized to invoke (or attempt to invoke) the provision regarding Presidential disability: State, Treasury, Defense. Justice (the Attorney General), Interior, Agriculture, Commerce, Labor, Health and Human Services, Housing and Urban Development, Transportation, Energy, Education, Veterans Affairs, and Homeland Security.  Thus, if a President did not agree on his own of a disability, then eight of the 15 Secretaries, plus the Vice President, would have to agree that a sitting President is disabled, in order to invoke the provision (and would also have to agree that the disability has been removed).