United States Constitution: Amendment 25. Presidential Succession

Article 2 Section 1 had only specified that if the President was unable to discharge his duties, the office of President "shall devolve upon the Vice President." It did not clarify whether the Vice President became the President with the full authority of the Office or the Acting President who does the President's job. The 25th Amendment clarified this. The Vice President would become President if for some reason the President was unable to discharge their duties.

Presidential Succession Act of 1947

The 25th Amendment only provides for the Vice President succeeding the President in case of something happening to the President. The Presidential Succession Act of 1947 supplements this and provides for a more complete order of succession to the President of the United States. (During a State of the Union Address when President, Vice President, Supreme Court Justices and Cabinet Officers are in one place, one Cabinet Officer does not attend the Address. He is the "Designated Survivor" in case something happens to the others.) Here is the order of succession:

• Vice President
• Speaker of the House
• President Pro Tempore of the Senate
• Secretary of State
• Secretary of the Treasury
• Secretary of Defense
• Attorney General
• Secretary of the Interior
• Secretary of Agriculture
• Secretary of Commerce
• Secretary of Labor
• Secretary fo Health and Human Services
• Secretary of Housing and Urban Development
• Secretary of Transportation
• Secretary of Energy
• Secretary of Education
• Secretary of Veterans Affairs
• Secretary of Homeland Security

Presidents who died in Office

In addition, the 25th Amendment provided for a vacancy in the Vice President's Office. If something happened to the Vice President and they could not serve out their term of office, the President would nominate a new Vice President. This nominee must receive a majority vote of both houses of Congress.

Vice Presidential Vacancies

• October 1973. Vice President Spiro Agnew resigned from office. President Nixon nominated his replacement, Congressman Gerald Ford. He was promptly confirmed by the House and the Senate.
• August 1974. President Richard Nixon resigned from office. Vice President Ford became the President of the United States. President Ford nominated former New York Governor Nelson Rockefeller who was confirmed by the House and the Senate.

If the President is unable to discharge his duties, they can temporarily transfer those powers over to the Vice President. The President writes a declaration of his inability to the Speaker of the House and President Pro Tempore of the Senate. They will be able to resume their duties once they have contacted the Speaker of the House and the President pro tempore in writing they are capable.

Times when Presidents temporarily transferred power

• 1985. When President Reagan had a colonoscopy.
• 2002. When President Bush had a colonoscopy.

Times when Presidential power should have been transferred

• 1881. When President James Garfield was shot, then lay in a coma for 80 days before he died.
• 1919. When President Woodrow Wilson suffered a stroke.
• 1981. When President Ronald Reagan was shot.

What happens if the President is unable to discharge their duties? The Vice President and the majority of the President's Cabinet can inform the President pro tempore and the Speaker of the House in writing. The Vice President will then become the Acting President. When the President informs the President pro tempore of the Senate and the Speaker of the House that they are capable of resuming their duties, they will resume their duties.

The Vice President and the majority of the President's Cabinet have four days to notify the Speaker of the House and the President pro tempore if the President is still unable to perform their duties. Then Congress will decide if the President is fit or not.