Georgia Commons

Constitution of the United States

Amend. XXV

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Current through: the volume states no acts currency; this is its 2025 edition.

  1. [Succession Upon the Death, Resignation, or Removal of the Presi-

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

  3. 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.

  4. 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.

  5. 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.

Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

Editor's notes

U.S. Const., amend. 25 supersedes U.S. Const., art. II, sec. I, cl. 6, concerning the disability of President or the vacancy of that office.

Law reviews

For note, “ERA: The Effect of Extending the Time for Ratification of Attempts to Rescind Prior Ratifications,” see 28 Emory L.J. 71 (1979).

Other notes

Am. Jur. 2d.
77 Am. Jur. 2d, United States, § 18.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: the volume states no acts currency; this is its 2025 edition.

Text read from 1us-const-(v1)-2025-pdf.pdf, Volume V1, 2025 edition, pages 1463 to 1464; merge action: bound only; file SHA-256 3ba17b39ff61.

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