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Vice President of the United States - Succession and the 25th Amendment | | Vice President of the United States - Succession and the 25th Amendment: Encyclopedia II - Vice President of the United States - Succession and the 25th Amendment | | The U.S. Constitution provides that should the President die or become disabled while in office, the "powers and duties" of the office are transferred to the Vice President. It remained unclear as to whether the Vice President actually became the new President or merely Acting President. This was first tested in 1841 with the death of President William Harrison. Harrison's Vice President, John Tyler, asserted that he should gain the full Presidential office, powers, and title. Despite some strong calls against it, Tyler took the oath of office, becoming the tenth President. Tyler's c ...
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| | | Vice President of the United States: Encyclopedia II - Vice President of the United States - Succession and the 25th Amendment
Vice President of the United States - Succession and the 25th Amendment
The U.S. Constitution provides that should the President die or become disabled while in office, the "powers and duties" of the office are transferred to the Vice President. It remained unclear as to whether the Vice President actually became the new President or merely Acting President. This was first tested in 1841 with the death of President William Harrison. Harrison's Vice President, John Tyler, asserted that he should gain the full Presidential office, powers, and title. Despite some strong calls against it, Tyler took the oath of office, becoming the tenth President. Tyler's claim was not challenged legally, and so the precedent of full succession was established.
The Constitution still left several questions unanswered, however. If the Vice President died in office, resigned, or succeeded to the Presidency, there was no process for selecting a replacement, so the office of Vice President remained vacant until the next Presidential election. Additionally, the assassination of President Kennedy on November 22, 1963 provoked the question of who has the power to declare that an incapacitated President is unable to discharge his duties. This question prompted the adoption of Amendment XXV to the U.S. Constitution in 1967.
Section 2 of the 25th Amendment provides that "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." Gerald Ford was the first Vice President selected by this method, after the resignation of Vice President Spiro Agnew in 1974; after succeeding to the Presidency, Ford nominated Nelson Rockefeller as Vice President.
Sections 3 and 4 of the amendment provides means for the Vice President to become Acting President upon the temporary disability of the President. Section 3 deals with self declared incapacity of the president, and section 4 deals with incapacity declared by the joint action of the Vice-president and of a majority of the Cabinet. While section 4 has never been invoked, section 3 has been invoked twice: on July 13, 1985 when Ronald Reagan underwent surgery to remove cancerous polyps from his colon, and again on June 29, 2002 when George W. Bush underwent a colonoscopy procedure requiring sedation. Prior to this amendment, Vice President Richard Nixon informally replaced President Dwight Eisenhower three times for a period of weeks each time when Eisenhower was ill.
Other related archives107th United States Congress, 12th Amendment, 1796, 1800, 1836, 1884, 1953, 1955, 1960, 1961, 1963, 1968, 1984, 1985, 1988, 2000, 2002, 25th Amendment, Aaron Burr, Abraham Lincoln, Acting President, Adlai Stevenson, Al Gore, Amendment XII, Amendment XXV, Andrew Jackson, Andrew Johnson, Article I, Bill Clinton, Cabinet, Calvin Coolidge, Charles G. Dawes, Chester A. Arthur, Congress, Constitution, Dan Quayle, Daniel Tompkins, Daniel Webster, Democratic-Republican, Dick Cheney, Dwight Eisenhower, Eisenhower, Elbridge Gerry, Federalist, Franklin Roosevelt, Garret Hobart, George Clinton, George H. W. Bush, George H.W. Bush, George W. Bush, George Washington, Gerald Ford, Great Britain, Harry Truman, Henry Wallace, Henry Wilson, Herbert Hoover, Hubert Humphrey, James Garfield, James Madison, James Sherman, January 6, John Adams, John C. Calhoun, John Garner, John Kennedy, John Nance Garner, John Quincy Adams, John Tyler, July 13, June 29, List of U.S. Vice Presidents by time in office, Lyndon Johnson, Martin Van Buren, Millard Fillmore, NASA, National Security Council, Nelson Rockefeller, New York City, November 22, Number One Observatory Circle, President pro tempore, President of the Senate, President of the United States, Representatives, Richard Johnson, Richard Nixon, Ronald Reagan, Secretary of State, Senate, Senators, September 24, Smithsonian Institution, South Carolina, Spiro Agnew, Texas, Theodore Roosevelt, Thomas Hendricks, Thomas Jefferson, Thomas Marshall, Thomas R. Marshall, U.S. Electoral College, U.S. House of Representatives, U.S. Senate, U.S. presidential election, United States Naval Observatory, United States government, Vice Presidential Service Badge, Walter Mondale, Warren G. Harding, Warren Harding, Washington, DC, Whig Party, William Harrison, William McKinley, William Rufus de Vane King, Woodrow Wilson, Wyoming, Zachary Taylor, absolute majority, assassination of President Kennedy, atomic bomb, bowdlerization, break any tie votes, cast a tie-breaking vote, casting vote in the event of a deadlock, election of 1796, election of 1800, heart attack, ileitis, no contest, piss, presidential line of succession, tie-breaking votes
 Adapted from the Wikipedia article "Succession and the 25th Amendment", under the G.N U Free Docmentation License. Please also see http://en.wikipedia.org/wiki |
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