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The Constitution of the United States of America
Additional Amendments, Amendment XXV, Section 4
Introduction:
The 25th Amendment to the U.S. Constitution addresses presidential succession and disability. Section 4 specifically outlines the procedure for determining when a president is unable to fulfill their duties. It allows the vice president and a majority of the cabinet to declare the president incapacitated. If this declaration is made, the vice president assumes the role of acting president.
The president can contest this declaration, and Congress must then decide the issue within 21 days. This amendment ensures a clear process for maintaining the continuity of government in the event of presidential incapacity.
Actual Text:
“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. ”
