25. Amendment to the United States Constitution
The 25th Amendment to the Constitution of the United States of America (Twenty-fifth Amendment to the United States Constitution) governs issues that may arise in connection with the early termination of a presidency:
- It stipulates that the vice- president should follow the president into office if the office of president becomes vacant . This codified the practice that has been in force since 1841 that a vice-president who is standing up actually becomes president and does not just exercise his powers.
- It also stipulates that the President can appoint a new Vice- President with the approval of both Houses of Congress . This seemed necessary because at this point there is still no other Vice President available to replace him, and so the third in the ranking, the Speaker of the House of Representatives , would have been acting President.
- The third regulation concerns the temporary transfer of the duties of the President to the Vice-President due to temporary incapacity.
- The fourth regulation deals with the determination of the president's incapacity to act by the vice-president with the approval of the cabinet, and then with further approval of the congress also against the will of the president. Although the matter had already been settled in a simple legal way, i.e. by a law of the Congress, it was incorporated into the constitution, also to increase the legitimacy of such a procedure.
After the amendment was tabled in Congress in January 1965, it was ratified on February 10, 1967 by the necessary number of states; on February 23, 1967, the text was officially incorporated into the United States Constitution .
The 25th Amendment to the Constitution has so far been applied once in 1974 to appoint a Vice President as President. A vice president was appointed twice, in 1973 and 1974. Three times, in 1985, 2002 and 2007, the President declared himself temporarily incapable of office and delegated his powers to the Vice-President for a few hours each time.
The final amendment to the constitution
text
The final wording of the 25th Amendment is:
- Section 1 / Paragraph 1
- In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
- In the event of the President's impeachment, death or resignation, the Vice-President becomes President.
- Section 2 / Paragraph 2
- 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.
- If the office of the vice-president becomes vacant, the president shall appoint a vice-president who will take up the office after confirmation by a majority vote of both houses of congress.
- Section 3 / Paragraph 3
- 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.
- If the President sends the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is incapable of exercising the rights and duties of his office, and until he sends them a written declaration to the contrary, these rights and obligations are lost by the Vice President exercised as acting president.
- Section 4 / Paragraph 4
- Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may provide by law, 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.
- 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 provide by law, 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.
- Whenever the Vice President and a majority of either the ministers or some other body which Congress may determine by law provide the President pro tempore of the Senate and the Speaker of the House of Representatives with a written declaration that the President is incapable of exercising the rights and To exercise his duties, the Vice President immediately assumes the rights and duties of the office of Acting President.
- Thereafter, if the President submits his written declaration to the President pro tempore of the Senate and the Speaker of the House of Representatives that there is no incapacity, he will resume the rights and duties of his office, except for the Vice President and a majority of either the Ministers or another The body, which the Congress may determine by law, shall send the President pro tempore of the Senate and the Speaker of the House of Representatives within four days a written declaration that the President is incapable of exercising the rights and duties of his office. In this case the Congress, which for this purpose, if not in session, meets within 48 hours, decides the matter. If, within 21 days of receipt of the latter written declaration, or, if it is not in session, within 21 days of the prescribed time of the meeting of the Congress, by a two-thirds majority of both Houses, the Congress decides that the President is incapable of exercising the powers and duties of his The Vice-President continues to exercise his office as Acting President; otherwise the president again assumes the powers and duties of his office.
Commentary on the constitutional amendment
Paragraph 1 unequivocally stipulates that the Vice-President assumes not only the President's rights and duties, but also the President's office as such. The Vice President will be the next US President.
Paragraph 2 regulates for the first time the subsequent appointment of a Vice President when his office becomes vacant. In this case, the President appoints a candidate who can be appointed Vice President once both Houses of Congress , i.e. the House of Representatives and the Senate , have approved the candidate. In contrast to the appointment of a minister (secretary), the approval of the House of Representatives is also required here.
According to paragraph 3 of the amendment to the constitution, the president himself can declare his temporary incapacity for office by writing to the heads of the two chambers of congress. He can declare the restoration of his authority in the same way. Between these two points in time, the Vice President as acting President assumes the rights and duties of the office, but not the office itself. The speaker of the House of Representatives is comparable to the elected chairman of this chamber and the President of the German Bundestag . However, the President of the Senate is actually the Vice President. However, the latter only exercises a right to vote in the event of a tie and seldom presides over the negotiations in the Senate. The Senate therefore elects a so-called President pro tempore (pro tem) , i. H. a “temporary” President who formally chairs the meetings in the event of the Vice-President's absence. It is always the longest serving senator in the majority party; however, this person usually transfers the actual chairmanship to a younger senator.
Paragraph 4 regulates in a rather complicated procedure how the incapacity of the US president can be determined without or against his will:
- If the Vice President and the majority of the ministers (secretaries) assure the heads of the two chambers in writing that the US President is unable to fulfill his official duties, the Vice President shall take office immediately. In addition to the Vice President, the Congress can also entrust such a task to another body; however, he has not yet made use of this right.
- If the President declares to the heads of the two chambers that he is now in a position to exercise the rights and duties of the office again, he shall take them over again, unless the Vice-President and the majority of the ministers make this statement within four days contradict.
- If the Vice-President and the majority of Ministers object to the President's opinion, the Congress shall meet within 48 hours at the latest. No later than 21 days after this point in time, he must decide whether he agrees with a two-thirds majority in both houses of the opinion of the Vice President and the majority of the Cabinet. If he does not agree, the original president takes over the office again.
However, the constitutional amendment does not regulate what happens if the Vice President becomes incapacitated. In principle, this does not pose a problem, since the office of Vice President has no important competencies apart from the function of tie-breaker in the Senate . However, if the US president dies, the constitution does not stipulate who, in the function of "Vice President", can have the incapacity of the new president determined. Referred to in paragraph (a) of the law on succession of the President (Presidential Succession Act) is the usual order of the President follow apply in this case, therefore, the Speaker of slipping House of Representatives in the role of Vice Chairman. However, since this procedure is not anchored in constitutional law (unlike it would have been in the Bayh Long proposal below ) and the impression that the legislature could take over the executive branch , it remains to be seen that a regulatory loophole will arise here although unlikely, it cannot be ruled out. Even if the sequence is fixed due to the Presidential Succession Act, the legitimation of the speaker of the House of Representatives as acting president appears to be weaker due to its simple legal basis. The same applies to the case of the discharge of the office of the Vice-President and the necessity of determining the incapacity of the President. In addition, the 25th amendment to the constitution does not contain any authorization basis for such a law.
Article II, paragraph 1 of the Constitution , i.e. the original constitutional text, contains the provision that “the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected ”, so that Congress can make provisions by law for the event that both the President and the Vice-President are removed from office , die, resign, or become incapacitated, and can determine which officer will serve as president until the incapacity is resolved or a president is elected. However, this authorization to regulate under simple law does not appear to be constitutionally flawless, especially since the speaker of the House of Representatives would be subject to a clear conflict of interests in this case, as he is on the one hand a direct candidate for the office of President, on the other hand he is a member of the body that decided on this succession plan. In addition, it is not entirely clear that this passage in the original version has not already become obsolete as a result of the 25th Amendment to the Constitution.
Historical development
Original constitutional text
The original constitutional text contained in its Article II paragraph 1, the provision that "[i] n Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the same shall devolve on the Vice President ", ie that in the case of the dismissal of the president , his death, his resignation or his inability to exercise the said Office, the rights and obligations, the same (or the same) to the Vice President omit (s) .
This provision was viewed as ambiguous because it was not clear whether the Vice President would only take over the rights and duties of the President ("the same" as "Powers and Duties"), i.e. temporarily exercise the office of President, or actually assume the President's office Office should follow ("the same" as "the said Office"). This question was answered de facto with the precedent of 1841, when John Tyler took office after William Henry Harrison's death and from then on regarded himself as president in his own right, and even letters to the "Acting President" were returned unopened let. All other vice-presidents up to the ratification of the 25th amendment to the constitution ( Millard Fillmore 1850, Andrew Johnson 1865, Chester A. Arthur 1881, Theodore Roosevelt 1901, Calvin Coolidge 1923, Harry S. Truman 1945 and Lyndon B. Johnson 1963) have defended this view. Nevertheless, this question was constitutionally not considered to be clearly answered.
Starting situation at the beginning of the discussion about a constitutional amendment
From the ratification of the US Constitution in 1789 to the adoption of the 25th Amendment to the Constitution in 1967, there was no way of replacing a deceased, resigned or succeeded Vice President. The office remained vacant until the next regular election.
The office of Vice President was vacant 16 times until 1967, namely after the deaths of George Clinton (1812-1813), Elbridge Gerry (1814-1817), William R. King (1853-1857), Henry Wilson (1875-1877) ), Thomas A. Hendricks (1885–1889), Garret Hobart (1899–1901) and James S. Sherman (1912–1913), the resignation of John C. Calhoun (1832–1833) and following the rise of John as President Tyler (1841-1845), Millard Fillmore (1850-1853), Andrew Johnson (1865-1869), Chester A. Arthur (1881-1885), Theodore Roosevelt (1901-1905), Calvin Coolidge (1923-1925), Harry S. Truman (1945-1949) and Lyndon B. Johnson (1963-1965).
There was also no clear constitutional regulation in the event that the president becomes incapacitated. Article II, paragraph 1 of the original constitution contained the authorization for the US Congress to take precautions in such a case. Nevertheless, such a simple legal regulation appeared unsatisfactory, since the elementary question of the exercise of the rights and duties of the president did not arise from the constitution: Neither could the president himself - for example in the case of an operation and a longer recovery phase - his incapacity to act on a constitutional basis Wise determined (or let it be determined) nor could the President be constitutionally declared unfit for office by others. In the event of dementia or a stroke, there was the risk of a political vacuum: even if the succession was clearly regulated by law, the (constitutional) legitimation of such a (acting) president was impaired. However, it had to be ensured that no one could force the president out of office by means of a coup d'état by claiming incapacity .
After the assassination attempt on President James A. Garfield in 1881, he lay in a sick bed for 80 days and only issued a single injunction until he finally died on September 19, 1881. He was eventually followed by Vice President Chester A. Arthur into office. The question of representing the US President in this overt incapacity case was as acute here as it was after President Woodrow Wilson's stroke in 1919. In this case, the full extent of Wilson's incapacity was kept secret even from the Vice President and Cabinet, and only after made public his death. Wilson's illness, who served severely disabled until March 1921 and finally died on February 3, 1924, is considered the worst case of incapacity for a US president. Wilson was apparently still able to look through important documents brought to him by his wife; however, his disability was one of the main arguments for drafting the 25th Amendment. During the discussion of the first proposal for a 25th constitutional amendment in 1963, the discussion was rekindled by the murder of John F. Kennedy . Although the first US president to be assassinated in office in 62 years was not in a coma for long, it seemed necessary - at a time of political instability during the height of the Cold War and only a year after the Cuban Missile Crisis - that constitutional regulations should be introduced to create that the president would fall into a coma or otherwise become incapacitated.
Amendment to the American Constitution
It is very difficult to amend the American Constitution. It always comes from Congress: Either the Senate and the House of Representatives must propose a constitutional amendment by a two-thirds majority, or Congress convenes a convention to work out a constitutional amendment at the request of the parliaments of two-thirds of the US states. As a rule, a constitutional amendment is based on the proposal of a two-thirds majority in both houses of Congress.
After that, a constitutional amendment has to be ratified by three-quarters of the American states. The Congress decides whether the ratification is carried out by the legislative bodies of the states or by conventions in the individual states. Most of the time, a constitutional amendment is adopted by the state parliaments.
Possibilities of performing the office of president
In addition to the obvious possibility of the US president's death, the American constitution provided for the resignation of this official from the start.
Add to this the possibility of removal from office (impeachment) : Looking at the House of Representatives the President of Treason, Bribery, or other high Crimes and Misdemeanors (Article II, paragraph 4), that of treason, bribery, or other high crimes and misdemeanors, guilty, so it brings charges against the President. The Senate, chaired by the Chief Justice of the Supreme Court, decides on the conviction with a two-thirds majority. With the conviction, the president is removed from office. Although formal impeachment proceedings have been initiated against three presidents ( Andrew Johnson in 1868, Bill Clinton in 1999 and Donald Trump in 2019 ), no president has ever been convicted by the Senate. Johnson was missing a vote, and the Clinton case failed due to a clear majority in the Senate. Trump, who was charged on two different points, kept his office, similar to Clinton, because the two-thirds majority in the Senate necessary for impeachment was clearly missed.
The fourth possibility provided by the constitution is the incapacity of the president. Although it is enshrined in the Constitution as such, the form in which it was established was initially subjected to simple legislation by Congress. It was not until the 25th Amendment to the Constitution that the determination of incapacity was anchored in constitutional law.
The Keating-Kefauver Proposal in 1963
In 1963, New York Senator Kenneth Keating therefore proposed the following constitutional amendment, which was initially also supported by the American Bar Association. Senator Estes Kefauver of Tennessee , chairman of the subcommittee on constitutional amendments and longstanding advocate of a resolution to the incapacity issue, advanced the proposal but died of a heart attack on August 10, 1963. His death effectively led to the end of the legislative initiative.
However, from today's standpoint, it is believed that the proposal did not answer the questions, on the contrary, it would have exacerbated them.
The text of the proposal read as follows:
- In case of the removal of the President from office or of his death or resignation, the said office shall devolve on the Vice President. In case of the inability of the President to discharge the powers and duties of the said office, the said powers and duties shall devolve on the Vice President, until the inability be removed. The Congress may by law provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then be President, or, in case of inability, act as President, and such officer shall be or act as President accordingly, until a President shall be elected or, in case of inability, until the inability shall be earlier removed. The commencement and termination of any inability shall be determined by such method as Congress shall by law provide.
- In the event of the President's impeachment, death or resignation, the office is transferred to the Vice-President. In the event of the President's inability to exercise the rights and duties of the Office, the aforementioned rights and duties shall pass to the Vice-President until the inability to exercise ends. Congress may legislate for the impeachment, death, resignation or incapacity of both the President and the Vice-President, stipulating which civil servant will be president in the event or who will serve as president in the event of incapacity; and that official becomes president or office as such until a president is elected or, in the event of incapacity, terminates earlier. The beginning and end of any incapacity will be determined in a manner determined by Congress by law.
One of the main criticisms of this proposal is that the amendment to the Constitution would have left it up to Congress to determine how incapacity is to be determined. Even if the factually already largely resolved question of the actual assumption of office by the Vice President had been codified in the constitutional text (as in all subsequent proposals), the situation would have resulted in the fact that the Congress would decide by simple law on the determination of the incapacity for office and this is not recorded in the constitutional text, nothing changed.
The Bayh Long Proposal in 1965
While the Keating-Kefauver proposal was considered too imprecise, the proposal by Senators Bayh from Indiana and Long from Missouri was considered over-exact, especially since it would have incorporated the Presidential Succession Act into the constitution. In this way, the successor to the president would have been fully anchored in the constitution. The problem of such an exact definition of the constitution, which in any case inconsistent with the tradition of common law , becomes apparent whenever the Presidential Succession Act of 1947 is to be amended. Since 2005, Congress has been discussing an amendment to this law to add the Minister of Homeland Security to the list of successors to the President and also to make some changes in the sequence. If the Bayh Long proposal had been adopted, a constitutional amendment would always have been necessary, at least to change the order.
The text of the proposal read as follows:
- Section 1 / Paragraph 1
- In case of the removal of the President from office, or of his death or resignation, the Vice President shall become President for the unexpired portion of the then current term. Within a period of thirty days thereafter, the new President shall nominate a Vice President who shall take office upon confirmation by both Houses of Congress by a majority of those present and voting.
- In the event of the President's impeachment, death or resignation, the Vice-President becomes President for the remainder of the current term of office. Within a period of thirty days, the new President will appoint a Vice-President who will take office after being approved by a majority of those present and voting in both Houses of Congress.
- Section 2 / Paragraph 2
- In case of the removal of the Vice President from office, or of his death or resignation, the President, within a period of thirty days thereafter, shall nominate a Vice President who shall take office upon confirmation by both Houses of Congress by a majority vote of those present and voting.
- In the event of the Vice-President's impeachment, death or resignation, the President shall, within thirty days, appoint a Vice-President to take office after being approved by a majority of those present and voting in both Houses of Congress.
- Section 3 / Paragraph 3
- If the President shall declare in writing that he is unable to discharge the powers and duties of his office, such powers and duties shall be discharged by the Vice President as Acting President.
- If the President declares in writing that he is unable to exercise the rights and duties of his office, those rights and duties will be exercised by the Vice-President as Acting President.
- Section 4 / Paragraph 4
- If the President does not so declare, the Vice President, if satisfied that such inability exists, shall, upon the written approval of a majority of the heads of the executive departments in office, assume the discharge of the powers and duties of the office as Acting President.
- If the President fails to make such a declaration, the Vice-President shall exercise the rights and duties of the office of Acting President, provided that he is satisfied that such incapacity exists, and with the written consent of the majority of ministers in office.
- Section 5 / Paragraph 5
- Whenever the President makes public announcement in writing that his inability has terminated, he shall resume the discharge of the powers and duties of his office on the seventh day after making such announcement, or at such earlier time after such announcement as he and the Vice President may determine. But if the Vice President, with the written approval of a majority of the heads of executive departments in office at the time of such announcement, transmits to the Congress his written declaration that in his opinion the President's inability has not terminated, the Congress shall thereupon consider the issue. If the Congress is not then in session, it shall assemble in special session on the call of the Vice President. If the Congress determines by concurrent resolution, adopted with the approval of two-thirds of the Members present in each House, that the inability of the President has not terminated, thereupon, notwithstanding any further announcement by the President, the Vice President shall discharge such powers and duties as Acting President until the occurrence of the earliest of the following events: (1) the Acting President proclaims that the President's inability has ended, (2) the Congress determines by concurrent resolution, adopted with the approval of a majority of the Members present in each house, that the President's inability has ended, or (3) the President's term ends.
- Whenever the President publicly declares in writing that his incapacity has ceased, he shall assume the exercise of the rights and duties of his office on the seventh day following such a declaration or at such earlier date after the announcement as he and the Vice-President may designate him . However, if the Vice-President, with the written consent of a majority of Ministers in office at the time of such announcement, sends Congress his written statement that, in his opinion, the President's incapacity has not ended, Congress shall take the matter up. If Congress does not meet at this time, it should meet for a special session at the vice-president's call. If, by a similar resolution passed by two-thirds of the Members present in each House, the President finds that the incapacity of the President has not ended, the Vice-President shall then, regardless of any further statement by the President, exercise his rights and duties as Acting President until the earliest of the following events occurs: (1) the Acting President declares that the President's incapacity has ended; (2) Congress shall pass resolution by a resolution of the same wording adopted by a majority of the Members present in each House, that the President's incapacity has ended, or (3) the President's term of office has ended.
- Section 6 / Paragraph 6
- (a) (1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the officer of the United States who is highest on the following list, and who is not under disability to discharge the powers and duties of the office of President, shall act as President: Secretary of State, Secretary of the Treasury, Secretary of Defense, Attorney General, Postmaster General, Secretary of Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of Labor, Secretary of Health, Education and Welfare, and such other heads of executive departments as may be established hereafter and in order of their establishment.
- (a) (2) The same rule shall apply in the case of the death, resignation, removal from office, or inability of an individual acting as President under this section.
- (a) (3) To qualify under this section, an individual must have been appointed, by and with the advice and consent of the Senate, prior to the time of the death, resignation, removal from office, or inability of the President and Vice President, and must not be under impeachment by the House of Representatives at the time, the powers and duties of the office of President devolve upon him.
- (b) In case of the death, resignation, or removal of both the President and Vice President, his successor shall be President until the expiration of the then current Presidential term. In case of the inability of the President and Vice President to discharge the powers and duties of the office of President, his successor, as designated in this section, shall be subject to the provisions of sections 3, 4, and 5 of this article as if he were a Vice President acting in case of disability of the President.
- (c) The taking of the oath of office by an individual specified in the list of paragraph (1) of subsection (a) shall be held to constitute his resignation from the office by virtue of the holding of which he qualifies to act as President .
- (d) During the period that any individual acts as President under this section, his compensation shall be at the rate then provided by law in the case of the President.
- (a) (1) If death, resignation, removal from office, incapacity, or lack of eligibility prevents a president or vice president from exercising the rights and duties of president, then the United States official named on the following list shall serve highest and not incapable of exercising the rights and duties of the President, as President: the Foreign Minister, the Finance Minister, the Defense Minister, the Attorney General, the Postmaster General, the Interior Minister, the Agriculture Minister, the Trade Minister, the Minister of Labor, the Minister of Health , Education and Welfare, and then those ministers whose offices will be established in the future and in the order in which they are established.
- (a) (2) The same rule applies in the event of the death, resignation, removal from office or incapacity of a person who is serving as President under this paragraph.
- (a) (3) To be eligible under this paragraph, a person must have been appointed after deliberation and approval by the Senate prior to the date of death, resignation, impeachment, or incapacity of the President or Vice-President; and she must not be under any House indictment at the time of delegation.
- (b) In the event of the death, resignation or impeachment of both the President and the Vice-President, the successor shall serve as President until the end of the President's then-current term. In the event of the incapacity of the President and the Vice-President, the successor designated under this paragraph shall be subject to the provisions of paragraphs 3, 4 and 5 of this article as if he were a Vice-President serving as President because of the incapacity of the President.
- (c) The taking of the oath of office by a person specified in sub-paragraph (a), paragraph (1) is deemed to be a resignation from the office whose holding entitles access to office as president.
- (d) During the period in which a person is serving as President under this paragraph, he shall receive the remuneration provided for by law for the President.
- Section 7 / Paragraph 7
- This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission.
- This article will be ineffective unless ratified as an amendment to the constitution by the legislatures of three-fourths of the states within seven years of the date on which it was submitted.
The original Cellar-Bayh proposal in 1965
The constitutional amendment was introduced in the House of Representatives on January 4, 1965 by MP Emanuel Celler and in the Senate on January 6 by Senator Birch Bayh.
This read in its paragraphs 1 and 2 like the later adopted constitutional amendment. However, paragraphs 3 to 5 differ from the final version and read as follows:
- Section 3 / Paragraph 3
- If the President declares in writing that he is unable to discharge the powers and duties of his office, such powers and duties shall be discharged by the Vice President as Acting President.
- If the President declares in writing that he is unable to exercise the rights and duties of his office, those rights and duties will be exercised by the Vice-President as Acting President.
- Section 4 / Paragraph 4
- If the President does not so declare, and the Vice President with the written concurrence of a majority of the heads of the executive departments or such other body as Congress may provide by law, transmits to the Congress his 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.
- If the President fails to make such a statement, the Vice President shall, with the written consent of a majority of Ministers or any other body as Congress may determine by law, submit his written statement to Congress that the President is incapable of exercising the rights and to exercise his duties, the Vice President immediately assumes the rights and duties of the office of Acting President.
- Section 5 / Paragraph 5
- Whenever the President transmits to the Congress his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President, with the written concurrence of a majority of the heads of the executive departments or such other body as Congress may provide by law, transmits within two days to the Congress his written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress will immediately decide the issue. If the Congress determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of the 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.
- Whenever the President submits his written declaration to Congress that there is no incapacity to act, he resumes the rights and duties of his office unless the Vice President transmits with the written consent of a majority of Ministers or any other body that Congress may determine by law , a written declaration to Congress within two days that the President is unable to exercise the rights and duties of his office. Congress will then decide the matter immediately. If Congress finds by a two-thirds majority in both Houses that the President is incapable of exercising the rights and duties of office, the Vice-President shall continue to exercise them as Acting President; otherwise, the President resumes the rights and duties of his office.
The modification of the Celler-Bayh proposal in the committees and its ratification
Hearings were held in both Houses of Congress until February 19, 1965. On that day, the Senate finally adopted the constitutional amendment with a unanimous vote of 72: 0. The House of Representatives adopted the amendment in a slightly modified form on April 13, 1965 with a 368-29 vote. After a conference committee had smoothed out the slight text differences, the final version was passed by the Senate on July 6, 1965 and sent to the states for ratification.
In comparison to the original proposal above, it has been clarified to whom the President and Vice-President must declare incapacity of the President, namely the heads of the two chambers of Congress. In addition, the Vice President's objection period, which was set to two days in the original draft, has been extended to four days. In addition, the deadline for the meeting of the congress has been made more precise to 48 hours, previously there was only talk of “immediately”.
Just six days later, on July 12, 1965, the state of Nebraska was the first to ratify the Amendment. Other states followed in the following months, but it was not until February 10, 1967, that Minnesota and Nevada adopted the constitutional amendment as the 37th and 38th state respectively, helping it to pass the three-fourths of the states prescribed by the constitution. A total of 47 states have ratified the amendment - only North Dakota , Georgia and South Carolina have not. On February 23, 1967, a ceremony was held in the east wing of the White House at which the official responsible for promulgating the constitutional amendment solemnly declared that the amendment had become part of the United States Constitution.
Application and discussion of the addition in constitutional practice
The 25th amendment to the Constitution has been applied five times so far: a vice-president has been newly appointed twice (paragraph 2), and authority has been transferred from the president to the vice-president three times (paragraph 3). In addition, Gerald Ford succeeded Richard Nixon as president in 1974 (paragraph 1). This was the only time since 1967 that the Vice President succeeded the President in a constitutionally codified manner. An application of paragraph 4, the determination of the president's incapacity by the vice-president and cabinet, has not yet taken place.
Gerald Ford appointed Vice President in 1973
After Vice President Spiro Agnew stepped down on charges of bribery on October 10, 1973, President Nixon proposed to Congress on October 13, 1973 long-time Michigan MP , Gerald Ford , as Agnew's successor as Vice President.
After the approval of the two chambers (House of Representatives 387 to 35, Senate 92 to 3), Ford took over the office of Vice President on December 6, 1973.
Nelson A. Rockefeller was named Vice President in 1974
After the resignation of President Nixon, Ford succeeded him in the office of President. This made the office of Vice President vacant again. After he Melvin Laird and George Bush had considered President Ford proposed to the Congress on August 20, 1974, former governor of New York , Nelson A. Rockefeller , as his successor in the office of vice president before.
After long and extensive hearings, the aim of which was to avoid the Vice President's conflicts of interest in his family's business activities, he was confirmed by 287 votes to 128 in the House of Representatives and 90 votes to 7 in the Senate and sworn in on December 19, 1974.
Inapplication after the 1981 Reagan assassination
Although the assassination attempt on President Ronald Reagan on March 30, 1981, as a result of which he was operated on and was unable to fully perform his duties for a time, was considered a classic case of the application of the 25th Amendment, Vice President Bush rejected it after a discussion with his Advisers from declaring the president incapacitated because he viewed such a process as a cold coup. Neither before nor after did a vice-president attempt to declare the president incapacitated and to take over the presidency himself.
President Reagan transferred office to Vice President Bush in 1985
On July 12, 1985, President Reagan underwent a colonoscopy, which revealed a tumor that could be removed by surgery. After being informed by his doctor that the operation would have to be performed within a few weeks, Reagan decided to reschedule the operation immediately.
On the afternoon of July 12th, Reagan telephoned his legal advisor, Fred F. Fielding , to decide whether to apply the 25th Amendment and whether such application would set an undesirable precedent. Both Fielding and the White House Chief of Staff , Donald Regan , recommended to the President the formal transfer of authority. As a result, two letters were drafted, but only one of them contained the express mention of Paragraph 3 of the 25th Amendment to the Constitution.
At 10:32 a.m. on July 13, 1985, Reagan signed the letter, which did not specifically mention the 25th Amendment, but ordered it to be forwarded to the heads of the two chambers as required by the Amendment. At 11:28 am, the Speaker of the House of Representatives and the President pro tempore of the Senate received the letter, at 11:50 am Vice President Bush was officially informed that he had been president for 22 minutes. At 7:22 p.m., Reagan received a second letter saying that he was able to continue serving. This ended the acting presidency of the Vice President.
Due to ambiguous formulations and because Reagan did not specifically mention the application of the constitutional amendment in his letter, some constitutionalists argue that Reagan did not effectively transfer authority to Vice President Bush.
However, from several books, including Reagan's autobiography, it emerges that Reagan had effectively delegated authority under the 25th Amendment, but did not want to set a precedent.
Agreements between the President and the Vice-President
President George Bush as well as President Bill Clinton had made arrangements with their Vice Presidents, Dan Quayle and Al Gore , on how to proceed in the event of their illness or other incapacity for office. However, these agreements were never made public because they were not applied, despite the fact that Bush was seriously ill twice during his tenure.
Requirements for clarification from doctors
In 1996, historians and former White House doctors issued a report on the President's declaration of incapacity, recommending that their conclusions be incorporated into law. In particular, they demanded
- that the president and the vice-president are required to draw up an agreement on the transfer of authority before they are sworn in,
- that the President's general practitioner should be consulted as a matter of priority when determining the incapacity for office,
- that the White House Doctor, who is traditionally a member of the White House military office, be granted an official title outside the military chain of command,
- that the determination of the President's physical ability should be based solely on standardized medical tests, and
- that presidents should make their state of health known to the public based on a reasonable balance between the right to privacy and the public's need for information.
The congress has not yet complied with the request for the proposals to be anchored in law.
Transfer of authority to Vice President Cheney by President Bush in 2002 and 2007
The 25th Amendment to the Constitution was explicitly mentioned and thus clearly applied for the first time on June 29, 2002, when President George W. Bush underwent a colonoscopy and for some time transferred his rights and obligations to Vice President Richard Cheney .
George W. Bush's letter to the heads of the two houses of Congress was signed at 7:09 am. At 9:24 am he sent a second letter in which he declared that he would now be able to exercise his rights and duties again.
Although Bush was only anesthetized for a little over two hours, he wanted to avoid any uncertainty in the event that an unforeseen event occurred while he was anesthetized: The terrorist attacks of September 11, 2001 , had been less than a year ago.
On July 21, 2007, President Bush underwent another colonoscopy. Again he was only stunned for a short time, but again he wanted to make all possible arrangements for an unforeseen event. The relevant letters were sent at 7:16 am and 9:21 am.
Fictional Applications of the 25th Amendment
The question of the successor to the US president has played a significant role in more than a dozen books, series and films. The following works refer directly to the 25th Amendment to the Constitution:
- In Alfred Coppel's novel Thirty-Four East from 1974, the vice president is kidnapped by Arab terrorists. At the same time, the president is killed in a plane crash. Since the Vice President is apparently incapable of office, the Speaker of the House of Representatives takes power as acting President. He is portrayed as a weak character who is manipulated by the chief of staff.
- The novel Full Disclosure by William Safire from 1978 contains the situation where the US president loses his sight in an assassination attempt. Some ministers see this as incapacity for office and are promoting the assumption of office by the vice-president under the 25th Amendment.
- In the comedy Dave from 1993, the president's doppelganger takes over the office of president after a stroke because the vice president is judged by the chief of staff to be too moral for the office of president. Finally, the doppelganger sees through the game and sees to it that the real president, lying in a coma, is declared incapacitated and his vice-president takes over the office.
- In the 1994 film The Enemy Within , the corrupt chief of staff ensures that the president is incapacitated so that the vice president he has influenced can take office.
- In the novels debt of honor (Debt of Honor) and orders from above (Executive Orders) of Tom Clancy from the years 1994 and 1996 appears the vice president back to a scandal, prompting Clancy novel hero Jack Ryan is appointed vice president by a unanimous vote of the Congress. Before he is sworn in, however, a plane flies into the Capitol and kills almost all members of Congress as well as the president. Ryan is sworn in as president, but the former vice president claims never effectively resigned.
- The best-known application of the 25th Amendment to the Constitution is likely to occur in the feature film Air Force One by Wolfgang Petersen : The President's plane is hijacked with him on board. Since the president remains in the machine and can possibly be blackmailed because of his family, the defense minister in Washington tries to get the vice-president to declare the president's incapacity, which she refuses. This refusal is in line with the developing tradition in Realpolitik, namely that the Vice-President only declares the President's incapacity in an absolute emergency.
- As a result, Twenty Five of the television series The West Wing turns President Bartlet after the kidnapping of his daughter to the 25th Amendment. As a new Vice President has not yet been appointed (Vice President Hoynes has recently resigned), the office of President will pass to House Speaker Glen Allen Walken. However, the latter expressly resigns from his office as speaker of the House of Representatives before assuming the office of President, so that the separation of powers between the executive and legislative branches is preserved. Walken acted as president from Sunday, May 8, 2003 until Tuesday, May 10, 2003. Also in the television series The West Wing , the Democratic vice-presidential candidate dies on election day of the fictitious US presidential election 2006. Despite his death, he is elected "Vice President". The newly elected president appoints a new vice-president upon his inauguration.
- In the second season of TV series 24 , the Vice President briefly assumes authority with the approval of the Round of Ministers, since the President refuses to retaliate against a nuclear bomb. In the fourth season with other officials, the Vice President succeeds the incumbent president, who is incapable of governing for an indefinite period due to an assassination attempt on Air Force One . Finally, in the sixth season , an attack is carried out on the president, which is seriously injured. After a brief treatment, however, he is able to conduct official business again. The vice-president still wants the cabinet to determine that the president is incapable of office, as he refuses to retaliate after a nuclear terrorist attack. However, the vote fails because of the necessary majority.
- In the pilot episode of the television series Commander in Chief (in German broadcast Welcome, Mrs. President ), President Teddy Bridges dies, which is why the protagonist Mackenzie Allen as Vice President from now on holds the office of President of the United States of America. The 25th Amendment is especially in the wake of The Elephant in the Room (The elephant in a china shop) mentioned when President Allen due to an appendix rupture is temporarily incapacitation. Because the office of Vice-President is vacant at this point (the Vice-President Warren Keaton, who was desired by President Allen, had resigned), the Speaker of the House of Representatives and opponent of President Nathan Templeton took up the office of President for a few hours.
- In the film White House Down by Roland Emmerich (German release date: September 2013) is the Amendment to twice use. First, US President James W. Sawyer, who was falsely declared dead in a paramilitary attack on the White House, will be replaced by Vice President Alvin Hammond. When he in turn dies in a rocket attack on Air Force One, the speaker of the House of Representatives Eli Raphelson is sworn in as president. The circle comes full circle when James W. Sawyer, believed dead, rescues himself from the rubble of the White House and has Eli Raphelson, who was involved in a plot, arrested - making Sawyer the new old president.
- In the US series House of Cards , Vice President Jim Matthews resigns after about a year in office in order to win the governorship in Pennsylvania again for the Democrats. President Garrett Walker then named the series' main character, Francis Underwood, as the new Vice President. Due to a fundraising affair, President Walker resigned about a year later to avoid impeachment. Underwood, who himself contributed significantly to Walker's fall behind the scenes, then becomes president himself at the end of the second season. In turn, he appoints Donald Blythe, a vice president. In season four, President Underwood is assassinated and incapacitated for an indefinite period of time. Vice President Blythe is appointed acting president by the cabinet. After a successful liver transplant, Underwood signs a document in the presence of the cabinet that makes him president again.
- In the movie Iron Man 3 , the president is kidnapped and is later to be burned on an oil tanker. This is supposed to be broadcast in the media, although the antagonist Aldrich Killian is only interested in killing him so that the vice-president moves up. This was previously baited by Killian, who promises to cure his daughter's handicap.
- In the US series Designated Survivor , various constitutional scenarios are played out. The main character, Thomas Kirkman, was originally a minister and was acting as president when a bomb detonated during the State of the Union Address . Both the President and the Vice-President and everyone else who succeeds the President are killed. After a new Congress has been formed through by-elections, it proposes by means of the 25th Amendment, Congressman Peter MacLeish, who is then elected Vice President. When he was sworn in, Kirkman was shot and had to undergo an operation. He hands over his official business to MacLeish for a few hours in accordance with the constitutional amendment. After Kirkman woke up from anesthesia, he made contact with the chairman of the House of Representatives and the - not yet newly formed - provisional Senate and reigned as president.
literature
- Birch Bayh: One Heartbeat Away, Presidential Disability and Succession. Bobbs-Merrill Co., Indianapolis 1968. ISBN 0-672-51160-6
- John D. Feerick: The Twenty-Fifth Amendment, Its Complete History and Earliest Applications. Fordham University Press, New York 1998. ISBN 0-8232-1373-0
- Herbert L. Abrams, "The President Has Been Shot": Confusion, Disability, and the 25th Amendment. Stanford University Press, Stanford Cal 1994. ISBN 0-8047-2325-7
Web links
swell
Individual evidence
- ↑ Source see under Sources
- ↑ Cheney three hours President: Bush: colonoscopy successful , rp-online.de
