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The Twenty-Fifth AmendmentIts Complete History and Application$
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John D. Feerick

Print publication date: 2013

Print ISBN-13: 9780823252008

Published to Fordham Scholarship Online: May 2014

DOI: 10.5422/fordham/9780823252008.001.0001

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An Analysis of Sections 1, 2, 3, and 4 of the Amendment

An Analysis of Sections 1, 2, 3, and 4 of the Amendment

(p.108) 8 An Analysis of Sections 1, 2, 3, and 4 of the Amendment
The Twenty-Fifth Amendment

John D. Feerick

Fordham University Press

This chapter discusses the four sections of the Twenty-Fifth Amendment. Section 1 codifies the Tyler Precedent and states, “In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.” Section 2 deals with filling vacancies in the Vice Presidency and states, “Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take upon confirmation by a majority vote of both Houses of Congress.” Section 3 describes presidential inability when the president is able to discharge his duties and states, “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 covers the most cases of inability – where the President cannot or does not declare his own inability.

Keywords:   Legislative history, inability, hearings, officers, Cabinet

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