Succession Confusion Before the 25th Amendment
Until the 25th Amendment, each administration came up with its own plan to handle presidential and vice-presidential vacancies and reinstatement. This ambiguity led to confusion, ambiguity and in some cases, deceit.
For instance, in 1841, President William Harrison became the first president to die in office; vice president John Tyler succeeded him. Harrison’s cabinet gave Tyler the title, “Vice President Acting President,” but Tyler wanted more.
He moved into the White House, had himself sworn in as president and assumed full presidential powers, including giving an Inaugural Address. Despite some controversy, Congress eventually confirmed Tyler’s presidency.
In 1919, after having a series of strokes and ignoring warning signs of ill-health and neurological problems, President Woodrow Wilson had a massive stroke from which he never recovered during his presidency.
When his Cabinet suggested the vice president take over, Wilson’s wife Edith and his doctor, Cary Grayson, conspired to keep his condition a secret from both Congress and the public, leaving the United States without a competent leader.
After suffering heart problems and a mild stroke, President Dwight D. Eisenhower wrote a confidential letter to Vice President Richard M. Nixon instructing him on what to do if he was incapacitated. Eisenhower identified Nixon as the person who should determine his inability to perform his duties.
The letter wasn’t legal, however, and although Nixon became acting president when Eisenhower had a heart attack in 1955 and again when he had surgery in 1956, Nixon was never sworn in as president during Eisenhower’s terms.
What Is the 25th Amendment?
The need for a succession amendment came to light when President John F. Kennedy was assassinated in Dallas, Texas, and there was confusion about whether Vice President Lyndon B. Johnson had also been injured and, if so, who would take their places in the line of succession.
On January 1, 1965, less than two years after the assassination of Kennedy, joint resolutions were introduced in the House and Senate recommending a succession amendment. By April, the House and Senate had approved their own versions and a committee created to resolve their differences.
On July 6, Congress passed a joint resolution and forwarded it to the states for ratification. The 25th amendment was ratified on February 10, 1967. President Johnson signed the 25th Amendment into law on February 23, 1967.
The amendment has the following four sections:
Section 1 states that if the president dies or resigns, the vice president shall become president.
Section 2 states that in the event of a vice-presidential vacancy, the president will nominate a vice president who will be confirmed by a majority Congressional vote.
Section 3 states that if the president tells the president pro tempore of the Senate and the speaker of the House in writing that he is unable to perform his presidential powers and duties, the duties shall fall to the vice president as acting president until the president notifies them in writing otherwise.
As acting president, the vice president is not sworn in as president; the president keeps his designation and the right to return.
25th Amendment Section 4
Section 4 stipulates that when the vice president and a majority of a body of Congress declare in writing to the president pro tempore of the Senate and the Speaker of the House that the president is unable to perform the duties of the office, the vice president immediately becomes acting president.
The president can then submit a written declaration to the contrary and resume presidential powers and duties—unless the vice president and a majority body of Congress declare in writing within four days that the president cannot perform his duties, in which case Congress will vote on the issue.
Section 4 of the 25th Amendment has never been used, although the Reagan administration came close. On March 30, 1981, after President Reagan was shot and undergoing surgery, his administration prepared the necessary papers to invoke the 25th Amendment and make Vice President George H.W. Bush acting president.
The papers were never signed, despite some members of Reagan’s administration, Congress and even his doctor advising otherwise.
In 1987, Ronald Reagan was described as inattentive, distracted, lazy and inept by several concerned members of his staff, who suggested invoking Section 4 to remove him from office.
His new chief of staff, Howard Baker, soon determined he was anything but incapacitated and took no action against Reagan. (Reagan was later diagnosed with Alzheimer’s disease.)