25th Amendment
Twenty-Fifth Amendment
Ratified February 10, 1967
Verbatim
Exact text as ratified.
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.
Plain English
A translation that drops archaic words but keeps the meaning, including the parts courts still argue about.
Section 1. If the President is removed from office, dies, or resigns, the Vice President becomes President.
Section 2. If the office of Vice President becomes vacant, the President nominates a Vice President. The new Vice President takes office once confirmed by a majority vote of both houses of Congress.
Section 3. The President can voluntarily transfer power to the Vice President by sending a written declaration to the President pro tempore of the Senate and the Speaker of the House. The Vice President serves as Acting President until the President sends another written declaration ending the transfer.
Section 4. The Vice President and a majority of either the Cabinet or another body designated by Congress can declare in writing that the President is unable to perform the duties of office. The Vice President then immediately serves as Acting President.
If the President sends a written declaration that they are able to resume duties, the President resumes the office — unless the Vice President and the same majority send a second written declaration within four days that the President is still unable. In that case, Congress decides. Congress must convene within 48 hours if not in session. Congress has 21 days to reach a two-thirds vote in both houses that the President is unable. If both houses reach this vote, the Vice President continues as Acting President. Otherwise, the President resumes the office.
About
The Twenty-Fifth Amendment was ratified on February 10, 1967, in response to the assassination of President John F. Kennedy in 1963. The Constitution before this amendment was unclear about presidential succession and did not address presidential incapacity at all.
The amendment has been used several times. Section 1 was used when President Nixon resigned in 1974 and Vice President Ford became President. Section 2 was used when Vice President Agnew resigned in 1973 and Ford was nominated as Vice President, and again when Ford became President and nominated Nelson Rockefeller as Vice President.
Section 3 has been used by Presidents Reagan (1985), George W. Bush (2002, 2007), and Biden (2021), each time briefly during medical procedures requiring anesthesia. Section 4, which addresses involuntary transfer of power due to incapacity, has never been formally invoked.