{"id":57,"date":"2026-03-24T11:04:43","date_gmt":"2026-03-24T11:04:43","guid":{"rendered":"https:\/\/shahed.org\/news\/?p=57"},"modified":"2026-03-24T17:56:52","modified_gmt":"2026-03-24T17:56:52","slug":"25esimo-emendamento-alla-costituzione-usa","status":"publish","type":"post","link":"https:\/\/shahed.org\/news\/2026\/03\/24\/25esimo-emendamento-alla-costituzione-usa\/","title":{"rendered":"25esimo emendamento alla Costituzione Usa"},"content":{"rendered":"

\"\" \"\" \"\" \"\" \"\" \"\" \"\" \"\" \"\" \"\" \"\" \"\" \"\" \"\" \"\" \"\" \"\" \"\" \"\" \"\" \"\" \"\" \"\" \"\" \"\" \"\" \"\"FOR DETAILS PLEASE CONSULT THE FOLLOWING LINK<\/h2>\n

Browse | Constitution Annotated | Congress.gov | Library of Congress<\/a><\/p>\n

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First Amendment<\/span><\/h2>\n

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.<\/p>\n

Second Amendment<\/span><\/h2>\n

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.<\/p>\n

Third Amendment<\/span><\/h2>\n

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.<\/p>\n

Fourth Amendment<\/span><\/h2>\n

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.<\/p>\n

Fifth Amendment<\/span><\/h2>\n

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.<\/p>\n

Sixth Amendment<\/span><\/h2>\n

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.<\/p>\n

Seventh Amendment<\/span><\/h2>\n

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.<\/p>\n

Eighth Amendment<\/span><\/h2>\n

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.<\/p>\n

Ninth Amendment<\/span><\/h2>\n

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.<\/p>\n

Tenth Amendment<\/span><\/h2>\n

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.<\/p>\n

Eleventh Amendment<\/span><\/h2>\n

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.<\/p>\n

Twelfth Amendment<\/span><\/h2>\n

The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;\u2013the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;\u2013The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. [And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President.\u2013]The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.<\/p>\n

Thirteenth Amendment<\/span><\/h2>\n

Section 1<\/h3>\n

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.<\/p>\n

Section 2<\/h3>\n

Congress shall have power to enforce this article by appropriate legislation.<\/p>\n

Fourteenth Amendment<\/span><\/h2>\n

Section 1<\/h3>\n

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.<\/p>\n

Section 2<\/h3>\n

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.<\/p>\n

Section 3<\/h3>\n

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.<\/p>\n

Section 4<\/h3>\n

The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.<\/p>\n

Section 5<\/h3>\n

The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.<\/p>\n

Fifteenth Amendment<\/span><\/h2>\n

Section 1<\/h3>\n

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude\u2013<\/p>\n

 <\/p>\n

Section 2<\/h3>\n

The Congress shall have power to enforce this article by appropriate legislation.<\/p>\n

Sixteenth Amendment<\/span><\/h2>\n

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.<\/p>\n

Seventeenth Amendment<\/span><\/h2>\n

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.<\/p>\n

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.<\/p>\n

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.<\/p>\n

Seventeenth Amendment<\/span><\/h2>\n

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.<\/p>\n

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.<\/p>\n

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.<\/p>\n

Nineteenth Amendment<\/span><\/h2>\n

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.<\/p>\n

Congress shall have power to enforce this article by appropriate legislation.<\/p>\n

Twentieth Amendment<\/span><\/h2>\n

Section 1<\/h3>\n

The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.<\/p>\n

Section 2<\/h3>\n

The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.<\/p>\n

Section 3<\/h3>\n

If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.<\/p>\n

Section 4<\/h3>\n

The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.<\/p>\n

Section 5<\/h3>\n

Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.<\/p>\n

Section 6<\/h3>\n

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.<\/p>\n

Twenty-First Amendment<\/span><\/h2>\n

Section 1<\/h3>\n

The eighteenth article of amendment to the Constitution of the United States is hereby repealed.<\/p>\n

Section 2<\/h3>\n

The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.<\/p>\n

Section 3<\/h3>\n

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.<\/p>\n

Twenty-Second Amendment<\/span><\/h2>\n

Section 1<\/h3>\n

No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.<\/p>\n

SEction 2<\/h3>\n

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.<\/p>\n

Twenty-Third Amendment<\/span><\/h2>\n

Section 1<\/h3>\n

The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct:<\/p>\n

A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.<\/p>\n

Section 2<\/h3>\n

The Congress shall have power to enforce this article by appropriate legislation.<\/p>\n

Twenty-Fourth Amendment<\/span><\/h2>\n

Section 1<\/h3>\n

The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.<\/p>\n

Section 2<\/h3>\n

The Congress shall have power to enforce this article by appropriate legislation.<\/p>\n

Twenty-Fifth Amendment<\/span><\/h2>\n

Section 1<\/h3>\n

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.<\/p>\n

Section 2<\/h3>\n

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.<\/p>\n

Section 3<\/h3>\n

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.<\/p>\n

Section 4<\/h3>\n

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.<\/p>\n

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.<\/p>\n

Twenty-Sixth Amendment<\/h2>\n

Section 1<\/h3>\n

The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.<\/p>\n

Section 2<\/h3>\n

The Congress shall have power to enforce this article by appropriate legislation.<\/p>\n

Twenty-Seventh Amendment<\/span><\/h2>\n

No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.<\/p>\n

Cosa dice il 25esimo emendamento alla Costituzione Usa<\/h2>\n

La clausola sui cui scommette pi\u00f9 o meno realisticamente Scott McConnell \u00e8 quella definita dalla Sezione 4 del 25esimo emendamento alla Costituzione Usa. Ecco cosa dice, testualmente.<\/p>\n

\n

Nei casi in cui il Vice Presidente e una maggioranza o dei funzionari principali in ciascuno dei Dipartimenti dell\u2019esecutivo o di un altro corpo che il Congresso pu\u00f2 indicare con una legge trasmettano al Presidente pro tempore del Senato ed allo Speaker della Camera dei Rappresentanti una loro dichiarazione scritta che il Presidente non \u00e8 in grado di esercitare i poteri e i doveri del suo ufficio, il Vice Presidente assumer\u00e0 immediatamente l\u2019incarico quale Presidente facente funzioni.<\/em><\/p>\n

Dopo di ci\u00f2, quando il Presidente trasmetta al Presidente pro tempore del Senato ed allo Speaker della Camera dei Rappresentanti una sua dichiarazione scritta che non vi \u00e8 alcuna inabilitazione, egli riassumer\u00e0 i poteri e i doveri del suo ufficio, a meno che il Vice Presidente e una maggioranza o dei funzionari principali in ciascuno dei Dipartimenti dell\u2019esecutivo o di un altro corpo che il Congresso pu\u00f2 indicare con una legge, trasmettano entro quattro giorni al Presidente pro tempore del Senato ed allo Speaker della Camera dei Rappresentanti una loro dichiarazione scritta che il Presidente non \u00e8 in grado di esercitare i poteri e i doveri del suo ufficio. In base a ci\u00f2 il Congresso decider\u00e0 la questione, riunendosi entro quarantotto ore a questo fine se non \u00e8 in sessione. Se il Congresso, entro ventuno giorni dal ricevimento della dichiarazione scritta detta da ultimo o, se il Congresso non \u00e8 in sessione, entro ventuno giorni da quando il Congresso viene richiesto di riunirsi, determina coi due terzi dei voti di entrambe le Camere che il Presidente non \u00e8 in grado di esercitare i poteri e i doveri del suo ufficio, il Vice Presidente continuer\u00e0 ad esercitare gli stessi come Presidente facente funzioni; altrimenti il Presidente riassumer\u00e0 i poteri e i doveri del suo ufficio.<\/em><\/p>\n

In copertina<\/em>: Il presidente Usa Donald J. Trump col vice JD Vance ad una cerimonia al cimitero di Arlington \u2013 Virginia, 26 maggio 2025 (Ansa\/Epa \u2013 Jim Lo Scalzo)<\/p>\n<\/blockquote>\n

The 25th Amendment establishes procedures for presidential succession and handling presidential disability, ensuring continuity of executive authority.
\nThe 25th Amendment, ratified on February 10, 1967, clarifies what happens if a U.S. president dies, resigns, is removed, or becomes unable to perform the duties of office. It was introduced after the assassination of President John F. Kennedy to address gaps in presidential succession and temporary incapacity[^^14^^].<\/p>\n

Section 1: Presidential Succession<\/strong>
\nIf the president dies, resigns, or is removed, the vice president becomes president automatically, not just acting president.<\/p>\n

Section 2: Vice Presidential Vacancy<\/span><\/strong>
\nIf the vice presidency is vacant, the president nominates a new vice president, who must be confirmed by a majority in both the House and Senate. This ensures continuity in the line of succession.<\/p>\n

Section 3: Voluntary Presidential Disability<\/span><\/strong>
\nThe president can temporarily transfer authority to the vice president by submitting a written declaration to Congress stating they are unable to discharge their duties, such as during surgery. The vice president serves as acting president until the president declares they are able to resume office.
\nCongress.gov<\/p>\n

Section 4: Involuntary Presidential Disability<\/strong><\/span>
\nIf the president cannot or will not declare incapacity, the vice president and a majority of the Cabinet can submit a written declaration to Congress. The vice president then becomes acting president. If the president contests, Congress must decide within 21 days by a two-thirds vote in both chambers whether the president is unable to discharge duties. This section has never been fully invoked.
\nCongress.gov<\/p>\n

Historical Use and Context<\/strong><\/span>
\nThe amendment was first applied in 1973 when Gerald Ford became vice president after Spiro Agnew resigned, and again in 1974 when Ford became president after Nixon resigne
\nSections 3 and 4 have been used for temporary medical procedures, such as when Ronald Reagan and George W. Bush temporarily transferred authority to their vice presidents during surgery<\/p>\n

Section 4<\/strong><\/span> remains controversial and politically challenging, requiring vice president and Cabinet cooperation, and has never been used to remove a sitting president against their will.<\/p>\n

Modern Relevance<\/span><\/strong>
\nThe 25th Amendment occasionally resurfaces in political debates. For example, in 2018 and 2026, discussions arose about its potential use regarding President Trump, though experts note that invocation is highly unlikely without broad Cabinet support. It serves as a constitutional safeguard to maintain government stability during crises or presidential incapacity.<\/p>\n

In summary, the 25th Amendment provides a clear legal framework for presidential succession, temporary disability, and involuntary removal, ensuring continuity of executive leadership in the United States.<\/p>\n

 <\/p>\n

PART II<\/span><\/h1>\n

 <\/p>\n

The 25th Amendment is once again a topic of discussion following a\u00a0Justice Department report released Thursday\u00a0<\/a>concerning President Joe Biden’s alleged mishandling of confidential documents and behavior in office.<\/p>\n

The special counsel investigation, led by Trump appointee Robert Hur, determined that the evidence doesn’t establish Biden’s guilt beyond a reasonable doubt of mishandling classified documents in a criminal manner and found that charges were “unwarranted based on our consideration of the aggravating and mitigating factors.”<\/p>\n

However, the report also attributed part of this conclusion to Biden’s “poor memory,”\u00a0painting a picture of an older man\u00a0<\/a>with memory issues and “diminished capacities.” This has prompted a discussion of the 25th Amendment amongst the Republican party, as reps including House Speaker Mike Johnson, Marjorie Taylor Greene, R-Ga., and Sen. Rick Scott, R-Fla., have called for Biden’s removal under the fourth section of the amendment.<\/p>\n

The 25th Amendment was discussed similarly\u00a0during Trump’s presidency<\/a>. However, Section 4 has yet to be successfully invoked and executed in U.S. history.<\/p>\n

Here’s what to know about the 25th Amendment and what invoking it can do.<\/p>\n

What is the 25th Amendment?<\/h2>\n

The 25th Amendment\u00a0addresses what happens<\/a>\u00a0if the president or vice president of the United States dies, resigns, becomes incapacitated or is otherwise unable to fulfill their duties. It was passed by Congress on July 6, 1965, and was ratified by the states on Feb. 10, 1967.<\/p>\n

It also formalized the practice of the vice president taking over presidential office if the president dies or resigns and gives the president and Congress power to replace a vice president.<\/p>\n

It was inspired by the assassination death of President John F. Kennedy, as confusion as to whether Vice President\u00a0Lyndon B. Johnson\u00a0had also been shot at the time led to questions about office succession.<\/p>\n

Who can invoke the 25th Amendment?<\/h2>\n

Exonerated but not unscathed:\u00a0<\/strong>Biden faces political nightmare with special counsel investigation<\/a><\/span><\/p>\n

\n
<\/div>\n
\n
The 25th Amendment was introduced more than 50 years ago to create a way to remove a president unable to do their job.<\/span><\/div>\n
zimmytws, Getty Images<\/div>\n<\/div>\n<\/div>\n

The 25th Amendment cannot be executed by a single party. Instead,\u00a0it takes a few steps of approval<\/a>\u00a0by multiple parties.<\/p>\n

The vice president is the primary starting point for invoking the 25th Amendment, specifically the fourth section. The vice president, in conjunction with either a majority of the executive Cabinet or a specific “body” designated by Congress, must invoke the Amendment in tandem.<\/p>\n

The vice president takes over once these parties submit a formal written declaration to Congress. If the president refutes this, they can return to power for four days, in which time the other parties can again submit a declaration invoking the president’s removal. If this happens, the VP takes over again and Congress must secure a two-thirds vote in both the House and Senate within 21 days to permanently remove the president.<\/p>\n

How does the 25th Amendment work?<\/h2>\n

The 25th Amendment has four sections that can apply to different situations resulting in a president or vice president vacating or being forced to leave their position. In the case of presidential removal due to incompetence, it is Section 4 of the amendment specifically that applies.<\/p>\n

Section 4 declares that, if the vice president and a majority of the executive Cabinet or a Congressionally appointed review body feel the president is no longer able to perform their duties, they can submit this belief in writing to Congress, resulting in the replacement of the president with the vice president. The president can submit a declaration to the contrary and bring the matter to voting in Congress.<\/p>\n

Section 4 is the most controversial and has yet to be successfully used.\u00a0The closest this section ever came<\/a>\u00a0to actual use was during Reagan’s presidency, when he was undergoing surgery after being shot in March 1981. His administration prepared the paperwork to make Vice President\u00a0George H.W. Bush\u00a0acting president, but it was never signed. Several members of his staff again suggested it in 1987, arguing the president was mentally inept, but his chief of staff disagreed and it was not further pursued.<\/p>\n

It was again proposed during Trump’s presidency but was not ultimately invoked.<\/p>\n

25th Amendment\u00a0text<\/a><\/h2>\n

<\/a>Section 1<\/h3>\n

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.<\/p>\n

<\/a>Section 2<\/h3>\n

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.<\/p>\n

<\/a>Section 3<\/h3>\n

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.<\/p>\n

<\/a>Section 4<\/h3>\n

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.<\/p>\n

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.<\/p>\n

PART III<\/strong><\/span><\/h1>\n

 <\/p>\n

The\u00a0Twenty-fifth Amendment<\/b>\u00a0(Amendment XXV<\/b>) to the\u00a0United States Constitution<\/a>\u00a0addresses issues related to presidential succession and disability.<\/p>\n

It clarifies that the\u00a0vice president<\/a>\u00a0becomes\u00a0president<\/a>\u00a0if the president dies, resigns, or is removed from office by\u00a0impeachment<\/a>. It also establishes the procedure for filling a vacancy in the office of the vice president.<\/p>\n

The amendment provides for the temporary transfer of the president’s powers and duties to the vice president, either on the president’s initiative alone or on the initiative of the vice president, together with a majority of the president’s\u00a0cabinet<\/a>. In either case, the vice president becomes the\u00a0acting president<\/a>\u00a0until the president’s powers and duties are restored.<\/p>\n

The amendment was submitted to the\u00a0states<\/a>\u00a0on July 6, 1965, by the\u00a089th Congress<\/a>, and was adopted on February 10, 1967, the day the requisite number of states (38) ratified it.<\/sup><\/p>\n

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Section 1<\/b>. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.<\/p><\/blockquote>\n<\/div>\n

Section 1 clarifies that in the enumerated situations the vice president becomes president, instead of merely assuming the powers and duties of the presidency as acting president.[<\/span>2]<\/span><\/a><\/sup>\u00a0It operates automatically, without needing to be explicitly invoked.[<\/span>3]<\/span><\/a><\/sup>:\u200a108\u200a<\/span><\/sup><\/p>\n

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Section 2: Vice presidential vacancy<\/h3>\n<\/div>\n
Further information:\u00a0Vice President of the United States \u00a7\u00a0Vacancies<\/a><\/div>\n
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Section 2<\/b>. 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.<\/p><\/blockquote>\n<\/div>\n

Section 2 provides a mechanism for filling a vacancy in the vice presidency. Before the Twenty-fifth Amendment, a vice-presidential vacancy continued until a new vice president took office at the start of the next presidential term; the vice presidency had become vacant several times due to death, resignation, or accession to the presidency, and these vacancies had often lasted several years.[<\/span>2]<\/span><\/a><\/sup><\/p>\n

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<\/span>Section 3: President’s declaration of inability<\/h3>\n<\/div>\n
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Section 3<\/b>. Whenever the President transmits to the\u00a0President pro tempore of the Senate<\/a>\u00a0and the\u00a0Speaker of the House of Representatives<\/a>\u00a0his 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.<\/p><\/blockquote>\n<\/div>\n

Section 3 allows the president to voluntarily transfer presidential authority to the vice president (for example, in anticipation of a medical procedure) by declaring in writing his inability to discharge the presidency’s powers and duties. The vice president then assumes those powers and duties as acting president.[<\/span>note 1]<\/span><\/a><\/sup>\u00a0The vice president does not\u00a0become<\/i>\u00a0president; the president remains in office, though without authority. The president regains those powers and duties upon declaring in writing his ability to discharge them.[<\/span>3]<\/span><\/a><\/sup>:\u200a112-3\u200a<\/span><\/sup><\/p>\n

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<\/span>Section 4: Declaration by vice president and cabinet members of president’s inability<\/h3>\n<\/div>\n
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Section 4<\/b>. 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.<\/p>\n

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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 [sic<\/a><\/i>][<\/span>note 2]<\/span><\/a><\/sup>[<\/span>7]<\/span><\/a><\/sup>\u00a0or 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.<\/p><\/blockquote>\n<\/div>\n

Section 4 addresses the case of a president who cannot discharge the powers and duties of the presidency but also cannot, or does not, execute the voluntary declaration contemplated by Section\u00a0<\/span>3.[<\/span>3]<\/span><\/a><\/sup>:\u200a117\u200a<\/span><\/sup>\u00a0It allows the vice president, together with a “majority of either the principal officers of the executive departments or of such other body as Congress may by law provide”,[<\/span>note 3]<\/span><\/a><\/sup>\u00a0to issue a written declaration that the president is unable to discharge his duties. When such a declaration is sent to Congress, the vice president immediately becomes acting president,[<\/span>note 4]<\/span><\/a><\/sup>\u00a0while (as with Section\u00a0<\/span>3) the president remains in office, temporarily divested of authority.[<\/span>9]<\/span><\/a><\/sup><\/p>\n

John Feerick<\/a>, the principal draftsman of the amendment,[<\/span>3]<\/span><\/a><\/sup>:\u200axii, xx\u200a<\/span><\/sup>[<\/span>4]<\/span><\/a><\/sup>:\u200a5\u200a<\/span><\/sup>[<\/span>10]<\/span><\/a><\/sup>\u00a0writes that Congress deliberately left the terms\u00a0unable<\/i>\u00a0and\u00a0inability<\/i>\u00a0undefined “since cases of inability could take various forms not neatly fitting into [a rigid] definition […] The debates surrounding the Twenty-fifth Amendment indicate that [those terms] are intended to cover all cases in which some condition or circumstance prevents the President from discharging his powers and duties”.\u200a[<\/span>3]<\/span><\/a><\/sup>:\u200a112\u200a<\/span><\/sup>\u00a0A survey of scholarship on the amendment found<\/p>\n

no specific threshold\u2014medical or otherwise\u2014for the “inability” contemplated in Section\u00a0<\/span>4. The framers specifically rejected any definition of the term, prioritizing flexibility. Those implementing Section\u00a0<\/span>4 should focus on whether\u2014in an objective sense taking all of the circumstances into account\u2014the President is “unable to discharge the powers and duties” of the office. The amendment does not require that any particular type or amount of evidence be submitted to determine that the President is unable to perform his duties. While the framers did imagine that medical evidence would be helpful to the determination of whether the President is unable, neither medical expertise nor diagnosis is required for a determination of inability […] To be sure, foremost in [the minds of the framers] was a physical or mental impairment. But the text of Section\u00a0<\/span>4 sets forth a flexible standard intentionally designed to apply to a wide variety of unforeseen emergencies.[<\/span>4]<\/span><\/a><\/sup>:\u200a7,20\u200a<\/span><\/sup><\/p><\/blockquote>\n

Among potential examples of such unforeseen emergencies, legal scholars have listed kidnapping of the president and “political emergencies” such as\u00a0impeachment<\/a>. Traits such as unpopularity, incompetence, impeachable conduct, poor judgment, or laziness might not in themselves constitute inability, but should such traits “rise to a level where they prevented the President from carrying out his or her constitutional duties, they still might constitute an inability, even in the absence of a formal medical diagnosis.” In addition, a president who already manifested disabling traits at the time he was elected is not thereby immunized from a declaration of inability.[<\/span>4]<\/span><\/a><\/sup>:\u200a21n63,22n67\u200a<\/span><\/sup><\/p>\n

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The “principal officers of the executive department[s]” are the 15\u00a0Cabinet<\/a>\u00a0members enumerated in the\u00a0United States Code<\/a>\u00a0at\u00a05\u00a0U.S.C.<\/a>\u00a0\u00a7\u00a0101<\/a>:[<\/span>11]<\/span><\/a><\/sup>[<\/span>12]<\/span><\/a><\/sup><\/p>\n

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