Government & Civics

The Constitution & Amendments

Amendment 251967 · Ratified

Succession and presidential inability

Clarifies permanent succession, filling a vice-presidential vacancy, and temporary transfers of presidential powers.

In Simple, Modern English

Section 1 makes the vice president president when a president is removed, dies, or resigns.

Section 2 lets the president nominate a vice president for a vacancy, subject to majority approval in both chambers.

Section 3 lets a president send the Speaker and Senate president pro tempore a written inability declaration; the vice president becomes acting president until a written recovery declaration.

Section 4 lets the vice president and a majority of principal executive-department officers, or another body Congress authorizes, declare inability in writing to the same leaders. If the president declares recovery, the vice president and that majority have four days to contest it.

For a contested recovery, Congress decides, assembling within 48 hours if needed. A two-thirds vote in each chamber within the specified 21-day window is required to keep the vice president acting; otherwise the president resumes powers.

Important Clauses & Details

Section 1: Permanent succession

The vice president becomes president, rather than merely acting president, after presidential death, resignation, or removal.

Section 2: Vice-presidential vacancy

The president nominates a replacement. Confirmation needs a majority vote of both House and Senate; Senate approval alone is insufficient.

Section 3: Voluntary transfer

The president declares inability to the Speaker of the House and Senate president pro tempore. The vice president acts as president until the president sends a written declaration ending the inability.

Section 4: Other officials initiate

The vice president must participate alongside a majority of principal executive-department officers or an alternative body established by Congress. Their written declaration immediately transfers powers to the vice president as acting president.

Section 4: Contested recovery

A president's recovery declaration can be challenged within four days. Congress must assemble within 48 hours if not in session. It has 21 days after receiving the challenge, or after being required to assemble, to sustain inability by two-thirds in each chamber. Presidential powers stay with the acting president during the dispute; without the required determination the president resumes them.

Why It Was Added

Earlier deaths and illnesses left uncertainty about succession and temporary inability, and vice-presidential vacancies could last for years. John Kennedy's assassination added urgency to a clear procedure for maintaining functioning executive leadership.

Keep in Mind

Inability is distinct from misconduct and impeachment. The Cabinet alone cannot invoke Section 4 without the vice president. Acting president means exercising powers temporarily, not permanently taking the office.

Plain-English study paraphrases summarize the text; they are not verbatim translations. Historical provisions and later changes are identified above. Sources: National Archives and Constitution Annotated.