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Twenty-Fifth Amendment

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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. ==Text==
{{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.
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.}}
==Purpose==[[PurposeFile:Economist July 2024.PNG|right|300px|thumb|]]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. In addition, although every Vice President who ascended to the office of President in mid-term is considered in the line of Presidential succession, there had been questions as to whether they were the actual President or only an "acting" President. 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.) 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.)
This AmendmentUnder Section 4, ratified as enumerated 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=http://www.whitehouse.gov/1600/presidents/woodrowwilson|title=Woodrow Wilson|accessdate=January 11United States Code, 2015}}</ref>, along with the sudden and unexpected death of President Roosevelt Secretaries (Franklinincluding Acting Secretaries) while on vacation. Given the pressure of the [[Cold War]] to have a President always available to provide leadership, even in following departments are 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 ones authorized the president to handpick his successor by invoke (1or attempt to invoke) obtaining the resignation of the vice-presidentprovision regarding Presidential disability: State, Treasury, Defense. Justice (2the Attorney General) appointing a new vice-president, Interior, Agriculture, Commerce, Labor, Health and then (3) resigningHuman Services, Housing and Urban Development, Transportation, Energy, Education, Veterans Affairs, and Homeland Security. Six years laterThus, if a President Nixon handpicked did not agree on his own of a disability, then eight of the future President Ford in this manner, without Ford ever being elected president. (Of course15 Secretaries, plus the new Vice President was confirmed by , would have to agree that a sitting President is disabled, in order to invoke the United States Senate.provision (and would also have to agree that the disability has been removed).
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.)
==Popular culture==
Since its adoption, many fictional works have illustrated its function and short comings. Most notably, ''[[The West Wing]]'' had the President step aside when his daughter Zoe was kindnapped kidnapped transferring power to the Speaker of the House who was of the opposite party.<ref>''The West Wing'', Episode 4.23: [[Twenty Five (The West Wing)|Twenty Five]]. Original airdate: May 14, 2003.</ref> The President then resumed serving in the office when his daughter is recovered.
In the television series ''Scandal'', the Vice President takes over following an unsuccessful assassination attempt. The President struggles to portray himself as physically recovered in order to convince the Vice President and the cabinet not to take the issue to the Senate. The Vice President ends up agreeing to hand power back to him.<ref>Scandal, Season 2, Episode 18. Original airdate: January 17, 2013,</ref>
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