Twenty-fifth Amendment: Presidential succession and disability

The original Constitution was unclear on three things. When a President died, did the Vice President become President or only act as one? How was an empty vice presidency filled? And what happened if a President became disabled? The Twenty-fifth Amendment answers all three. Sections 1 through 3 have all been used. Section 4, the contested-disability procedure, never has. California's constitution has close parallels, and Williams has its own rule for an empty council seat.

The text

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Source: National Archives transcription Verified1

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.

Source: National Archives transcription Verified1

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.

Source: National Archives transcription Verified1

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.

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.

Source: National Archives transcription Verified1

Why it was needed

Article II said the President's powers and duties "shall devolve on the Vice President," which left unclear whether the Vice President took over the office itself Verified4. "President John Tyler had established, as a matter of historical precedent, that the full office of the President, rather than only the President's 'powers and duties,' would devolve upon the Vice President in the event of the President's death" Verified2. Section 1 wrote that precedent down.

There was also no way to fill a vacant vice presidency. Before 1967, "the vice presidency was vacant 16 times for a total of more than 37 years" Verified2. And Presidents had been disabled with no clear process: James Garfield "survived for 80 days after an assassin shot him"; Woodrow Wilson "suffered a stroke and was incapacitated for a significant part of his second term" Verified2.

How it has been used

• §2, 1973. After Vice President Spiro Agnew resigned, President Nixon nominated Gerald Ford, and Congress confirmed him "by a vote of 92 to 3" in the Senate and "387 to 35" in the House Verified2.
• §1, 1974. "President Nixon resigned on August 9, 1974," and "Vice President Ford immediately became President by operation of Section 1" Verified2. Ford then used §2 to fill his own former office, choosing Nelson Rockefeller Verified2.
• §3. "President Ronald Reagan implicitly invoked Section 3" during colon cancer surgery in 1985. Presidents George W. Bush and Joe Biden later used it during routine colonoscopies Verified2.
• §4. Never invoked Verified2.

Section 4 in detail

If the President disputes a declaration of inability, the conferees who wrote the final version chose "a four-day deadline for the Vice President (as Acting President) and Cabinet (or other body) to challenge a President's recovery declaration under Section 4; ... a 48-hour deadline for Congress to assemble (if not in session) after the relevant officials challenge the President's recovery declaration; and ... a 21-day deadline for Congress to decide" Verified2. Keeping the President out requires two-thirds of both houses Verified1.

California's version

• Governor. "The Lieutenant Governor shall become Governor when a vacancy occurs in the office of Governor," and acts as Governor during "the impeachment, absence from the State, or other temporary disability of the Governor" (Art. V, §10) Verified5.
• Who decides disputes. "The Supreme Court has exclusive jurisdiction to determine all questions arising under this section" Verified5. Our reading: California gives disability disputes to its Supreme Court. The federal amendment gives them to Congress.
• Filling statewide offices. When the Lieutenant Governor's office or another statewide office is vacant, "the Governor shall nominate a person to fill the vacancy who shall take office upon confirmation by a majority of the membership of the Senate and a majority of the membership of the Assembly" (Art. V, §5(b)) Verified5. That is the same idea as federal §2. See California Article V.

In Williams

• A vacant council seat. The council "shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy" (Gov. Code §36512) Verified3. An appointee's term depends on when the vacancy happens relative to the next general municipal election Verified3.
• Moving away creates a vacancy. If a council member "moves his or her place of residence outside of the city limits," the "office shall immediately become vacant" (Gov. Code §36502(a)) Verified6.
• How Williams picks its mayor. Voters don't elect the mayor directly. The city's 2026 candidate guide says the "City Council appoints the Mayor and Mayor Pro Tem at the first meeting of the year" Verified7, and the November 3, 2026 city ballot lists only three council seats and City Treasurer, no mayor's office Verified8.
• What we couldn't verify. We haven't found the city's written rules for when a mayor pro tem fills in. Ask the City Clerk for the local procedure Verified9.

Common misconceptions

• "The Cabinet can remove a President." Section 4 suspends the President's powers temporarily; if the President disagrees, Congress decides, and keeping the President out takes two-thirds of both houses Verified1. Removal from office still requires impeachment.
• "Section 4 has been used." It never has Verified2.
• "An appointed Vice President has never become President." Gerald Ford did, in 1974 Verified2.
• "A vacant council seat waits for the next election." The council must act within 60 days Verified3.

Check yourself

Pick an answer for each question. You will see right away if it is right, and why.