the 25th Amendment

Constitution of the United States, via FindLaw et al ^ | proposed July 6, 1965, ratified February 10, 1967 | The Framers et al

[SunkenCiv]

Section 1. : In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 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.

Section 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.

Section 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 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.

[SunkenCiv]

FindLaw's commentary: The Twenty-fifth Amendment was an effort to resolve some of the continuing issues revolving about the office of the President; that is, what happens upon the death, removal, or resignation of the President and what is the course to follow if for some reason the President becomes disabled to such a degree that he cannot fulfill his responsibilities? The practice had been well established that the Vice President became President upon the death of the President, as had happened eight times in our history... This Amendment saw multiple use during the 1970s and resulted for the first time in our history in the accession to the Presidency and Vice-Presidency of two men who had not faced the voters in a national election. First, Vice President Spiro Agnew resigned on October 10, 1973, and President Nixon nominated Gerald R. Ford of Michigan to succeed him, following the procedures of Sec. 2 of the Amendment for the first time. Hearings were held upon the nomination by the Senate Rules Committee and the House Judiciary Committee, both Houses thereafter confirmed the nomination, and the new Vice President took the oath of office December 6, 1973. Second, President Richard M. Nixon resigned his office August 9, 1974, and Vice President Ford immediately succeeded to the office and took the presidential oath of office at noon of the same day. Third, again following Sec. 2 of the Amendment, President Ford nominated Nelson A. Rockefeller of New York to be Vice President; on August 20, 1974, hearings were held in both Houses, confirmation voted and Mr. Rockefeller took the oath of office December 19, 1974.

WikiPedia commentary: ratified by the following states:

1. Nebraska (July 12, 1965)
2. Wisconsin (July 13, 1965)
3. Oklahoma (July 16, 1965)
4. Massachusetts (August 9, 1965)
5. Pennsylvania (August 18, 1965)
6. Kentucky (September 15, 1965)
7. Arizona (September 22, 1965)
8. Michigan (October 5, 1965)
9. Indiana (October 20, 1965)
10. California (October 21, 1965)
11. Arkansas (November 4, 1965)
12. New Jersey (November 29, 1965)
13. Delaware (December 7, 1965)
14. Utah (January 17, 1966)
15. West Virginia (January 20, 1966)
16. Maine (January 24, 1966)
17. Rhode Island (January 28, 1966)
18. Colorado (February 3, 1966)
19. New Mexico (February 3, 1966)
20. Kansas (February 8, 1966)
21. Vermont (February 10, 1966)
22. Alaska (February 18, 1966)
23. Idaho (March 2, 1966)
24. Hawaii (March 3, 1966)
25. Virginia (March 8, 1966)
26. Mississippi (March 10, 1966)
27. New York (March 14, 1966)
28. Maryland (March 23, 1966)
29. Missouri (March 30, 1966)
30. New Hampshire (June 13, 1966)
31. Louisiana (July 5, 1966)
32. Tennessee (January 12, 1967)
33. Wyoming (January 25, 1967)
34. Washington (January 26, 1967)
35. Iowa (January 26, 1967)
36. Oregon (February 2, 1967)
37. Minnesota (February 10, 1967)
38. Nevada (February 10, 1967)

Ratification was completed on February 10, 1967. The amendment was subsequently ratified by the following states:

1. Connecticut (February 14, 1967)
2. Montana (February 15, 1967)
3. South Dakota (March 6, 1967)
4. Ohio (March 7, 1967)
5. Alabama (March 14, 1967)
6. North Carolina (March 22, 1967)
7. Illinois (March 22, 1967)
8. Texas (April 25, 1967)
9. Florida (May 25, 1967)

The following states have not ratified the amendment:

1. North Dakota
2. Georgia
3. South Carolina

[SunkenCiv]

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[SunkenCiv]

1. the 1st Amendment
2. the 2nd Amendment
3. the 3rd Amendment
4. the 4th Amendment
5. the 5th Amendment
6. the 6th Amendment
7. the 7th Amendment
8. the 8th Amendment
9. the 9th Amendment
10. the 10th Amendment
11. the 11th Amendment
12. the 12th Amendment
13. the 13th Amendment
14. the 14th Amendment
15. the 15th Amendment
16. the 16th Amendment
17. the 17th Amendment
18. the 18th Amendment
19. the 19th Amendment
20. the 20th Amendment
21. the 21st Amendment
22. the 22nd Amendment
23. the 23rd Amendment
24. the 24th Amendment

[Anima Mundi]

HEY anybody who is a constitutional scholar, I need help. My sister says that health care almost got put into the constitution. This sounds bizarre to me. If anybody can tell me to what she is referring, I will be quite grateful. I have never heard of such a thing! She must have gotten it from the left wing radio programs she listens to, so I guess this is what they are tellling them.

[unixfox]

If she’s a lib that ought to tell you something right there.

[Mr. Blonde]

I’m not as studied up on all areas of history as I would like to, but it is my understanding that for most of American history healthcare was relatively affordable. You paid the doctor out of pocket (in some way) and he did something that would hopefully make you better. I don’t think that would be in the constitution.

[ClearCase_guy]

It’s ... ahhh ... it’s ... ummm ... it’s in the Penumbra. Yeah, that’s the ticket.

[Repeal 16-17]

My sister says that health care almost got put into the constitution.

She's probably talking about FDR's proposed Second Bill of Rights. He wanted a list of obligations the federal government would have toward American citizens. Among them was a right to "good health."

http://worldpolicy.org/projects/globalrights/econrights/fdr-econbill.html

BTW, regarding the 25th Amendment, may Section 3 or 4 soon be invoked against the Liberal Messiah; we know He's nuts.

[Star Traveler]

They keep using Section 4 in the TV Series “24”... :-)

[SunkenCiv]

Unless she has some specifics, I’d have to say really mean things about her. What proposal is she talking about, what is meant by “almost”, why does she listen to NPR which has all the credibility of Dan Rather, etc.

[Prophet in the wilderness]

I only thing I can think of is that the MSM and the lefty loons will repeat this lie over and over again that the brain numbed sheeple will believe it’s true and vote on it.