Passed by Congress July 6, 1965. Ratified February 10, 1967.
Note: Article II, section 1, of the Constitution was affected by the 25th amendment.
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.
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.
This amendment establishes the process where the Vice President takes over for the President in his death, resignation, or removal from office which would then make the Vice Presidents position open. If the Vice Presidency is open the President can choose new Vice President but he must be voted in and approved by Congress first. The President may have the Vice President step in as Acting President with a written declaration which lasts until another declaration is made that ends the Vice Presidents time as acting President. Lastly, this amendment provides the Vice President and members of the Cabinet to declare the President unfit which would eventually lead to Congress having to reach a 2/3 majority vote that the president is indeed unfit for office.
"After the kidnapping of Zoe Bartlet (his daughter), President Bartlet finds it difficult to govern effectively and hence enforces the 25th amendment. As there is no vice president the speaker of the house is next in line. TV Show The West Wing Season 4 Episode 23.
The presidential succession list But congress still has to approve who takes over should the president be unable to fulfill his duties.
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