Get the facts: How the 25th Amendment works
The 25th Amendment details how presidential power can be transferred, either temporarily or more permanently, in the event a president is unable to do the job.
Here's what to know about it.
WHY WAS IT PASSED?
The push for an amendment detailing presidential succession plans in the event of a president's disability or death followed the assassination of President John F. Kennedy in 1963. President Lyndon B. Johnson in his 1965 State of the Union promised to “propose laws to insure the necessary continuity of leadership should the President become disabled or die.” The amendment was passed by Congress that year and ultimately ratified in 1967.
HAS IT BEEN INVOKED TO TRANSFER POWER BEFORE?
Yes, presidents have temporarily relinquished power but not all invoked the 25th Amendment. Previous transfers of power have generally been brief and happened when the president was undergoing a medical procedure.
HOW DOES IT WORK?
To temporarily transfer power to the vice president, a president sends a letter to the speaker of the House of Representatives and president pro tempore of the Senate stating the commander in chief is “unable to discharge the powers and duties of [the] office.” The vice president then becomes acting president. When the president is ready to resume authority, the president sends another letter. That's spelled out in the amendment's Section 3.
The next section of the amendment, Section 4, lays out what happens if the president becomes unable to discharge duties but doesn't transfer power. In that case, the vice president and majority of the Cabinet can declare the president unfit. They'd then send a letter to the speaker and president pro tempore saying so. The vice president then becomes acting president.
If the president ultimately becomes ready to resume his duties, the president can send a letter saying so. But if the vice president and majority of the Cabinet disagree, they can send their own letter to Congress within four days. Congress would then have to vote. The president resumes duties unless both houses of Congress by a two-thirds vote say the individual is not ready. The section has never been invoked.