How and why the 25th Amendment was added to the US Constitution

Editor’s Note: This is a regular feature on issues related to the Constitution and civics written by retired state judge and attorney general Paul G. Summers.

The 25th Amendment addresses vacancies in the offices of President and Vice President.

The amendment speaks of the inability of the president “to exercise the powers and duties of his office.” It also addresses the duties and responsibilities of Congress in situations where the president is allegedly unable to do so.

The amendment focuses on a voluntary and involuntary relinquishment of the power and duties of the office of president. The amendment was ratified by the states on February 10, 1967.

Because of its complexity, we will take two articles to discuss.

This is the wording of the 25th Amendment to the US Constitution

Amendment XXV – Part I:

Article 1 states that “(i) in the event of the President’s removal from office or his death or resignation, the Vice President shall become President.”

The second section establishes that, in the event of a vacancy in the position of vice-president, the president will appoint a vice-president. He takes office after the confirmation of the majority of votes of both the Senate and the House of Representatives.

In October 1973, Vice President Spiro Agnew resigned. President Richard Nixon nominated Gerald Ford as Vice President. After a majority vote by both Houses of Congress, Ford became Vice President Gerald Ford on December 6, 1973.

When President Nixon resigned in August 1974, Ford became President Ford. Gerald Ford is the only person to have been president and vice president who was never elected to either position.

What happens if the president is unable to perform his duties?

The third section corresponds to the president accepting that he is unable or unable to perform his job as president. The amendment requires the president to transmit a written statement to the president pro tempore of the Senate and the speaker of the House of Representatives.

The president states “that he cannot exercise the powers and duties of his office…” Until the president transmits a written document stating that he can now exercise the powers and duties of his office, the vice president will be the acting president .

We assume that the president is physically or mentally unable to exercise his duties and powers. However, what is the procedure if, for whatever reason, you are unwilling or unable to submit a voluntary written document to this effect?

Opinion: Poll taxes disenfranchised many Americans, but the 24th Amendment fixed that

If the president was mentally or physically unable to accept and sign this written document, then is there a constitutional procedure where someone can take his place until such disability is no longer an issue?

Both the Executive Branch (Vice President and Cabinet) and the Legislative Branch (Congress) have duties and responsibilities. To answer these questions, we will explore later sections of the 25th Amendment. These sections address these questions. We will continue our study in the next article on this important amendment, ratified in 1967.

Please continue reading the Constitution and the Declaration of Independence. We promise you this study is time well spent The guest columnist strives to be non-partisan in volunteering his articles.

The publication is responsible for graphics and design, titles, editing and production. We thank our readers. We always encourage civil discourse about articles. We welcome and enjoy comments on the various guest columnist articles.

Paul G. Summers, attorney, is a former appellate and superior judge, district attorney general, and Tennessee attorney general. Raised in Fayette County, Judge Summers resides in Nashville and Holladay.

This article originally appeared in the Nashville Tennessean: Opinion: Presidential succession made clearer with 25th Amendment