Ian’s Legal Fact of the Week 11/20/17: The 25th Amendment and Presidential Succession

The 25th Amendment was ratified in 1965, prompted by ambiguity of Article II, s.1, clause 6 regarding Presidential incapacity and succession. This was an issue following the assassination of President Kennedy, as the office of Vice President remained vacant until a new term began in January 1965. This Amendment provides that the Vice President shall assume office in the event of the removal, death or disability of the President; and that the President shall fill a vacancy in the office of Vice President through nomination of a candidate who is then approved by a simple majority of both houses. In the event of presidential disability, he may be removed upon assent of the Vice President and a majority of the cabinet once the House and Senate speakers are notified; if the President contests the disability, removal requires assent by two-thirds of both houses of Congress.

 

 


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