Amend. XXV, § 3

President's declaration of inability

Structure The Presidency Amend. XI–XXVII · Later Amendments

Official text rightpowerlimitif conditionlegal term

Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Proposal and ratification: This amendment was proposed by the Eighty-ninth Congress by Senate Joint Resolution No. 1, which was approved by the Senate on February 19, 1965, and by the House of Representatives, in amended form, on April 13, 1965. The House of Representatives agreed to a Conference Report on June 30, 1965, and the Senate agreed to the Conference Report on July 6, 1965. It was declared by the Administrator of General Services, on February 23, 1967, to have been ratified by the legislatures of 39 of the 50 States. was completed on February 10, 1967.

Simplified explanation

When the President sends a written declaration to the President pro tempore of the Senate and the Speaker of the House that he is unable to discharge his powers and duties, the Vice President discharges them as Acting President until the President declares otherwise.