Line of Succession, Filling Vacancies
Adopted in 1967, the Twenty-fifth Amendment to the United States Constitution establishes the current line of succession to the Presidency, and creates the procedures for filling vacancies. The aim was to clarify Article II, Section 1, Clause 6, as that part of the Constitution was unclear.
The first time this became a major issue was in 1841, when President William Henry Harrison became the first U.S. President to die in office. Representative John Williams had previously suggested that the Vice President should become Acting President upon the death of the President. Vice President John Tyler concurred, asserting that he would need to succeed to the office of President, as opposed to only obtaining its powers and duties. Though Tyler took the oath of President (precedent for full succession was established, became known as "Tyler Precedent"), nothing was done to amend the Constitution regarding the procedure.
When President Wilson suffered a stroke, no one officially assumed the Presidential powers and duties.
It was clear that a set of guidelines needed to be established.
In 1963, a proposal enabling Congress to enact legislation establishing a line of succession by Senator Kenneth Keating of New York based upon a recommendation by the American Bar Association in 1960 surfaced, but it never gained enough support.
On January 6, 1965, Senator Birch Bayh proposed in the Senate and Representative Emanuel Celler proposed in the House of Representatives what would become the Twenty-fifth Amendment. Their proposal provided a way to not only fill a vacancy in the office of the President by the Vice President, but also how to fill the office of the Vice President before the next presidential election (something Keating's proposal failed to address).
The line of succession the 25th Amendment establishes is as follows:
If the President is removed from office, dies, or resigns, the Vice President immediately becomes President.
Prior to the 25th Amendment there was no provision for Vice Presidential vacancies. Under section two of the 25th Amendment the President nominates a successor who becomes Vice President if confirmed by a majority vote of both Houses of the Congress.
In Section 3 of the amendment, if the President provides a written declaration to the President pro tempore of the Senate and the Speaker of the House of Representatives that he is unable to discharge the powers and duties of the Presidency, until the President sends another written declaration declaring himself able to resume discharging those powers and duties, the Vice President serves as Acting President.
Section 4, which has never been invoked, enables the Vice President, together with a majority of either the leading officers of the executive department, or of "such other body as Congress may by law provide", to declare the President disabled by submitting a written declaration to the President pro tempore and the Speaker of the House of Representatives. If the President is unable to discharge his duties as indicated, the Vice President would become Acting President.
If the President's incapacitation prevents him from discharging the duties of his office and he himself does not provide a written declaration, the President may resume exercising the Presidential duties by sending a written declaration to the President pro tempore and the Speaker of the House. If the Vice President and the officers of the Cabinet believe the President's condition is preventing him from discharging the duties of President, they may within four days of the President's declaration submit another declaration that the President is incapacitated. If not in session, the Congress must, in this instance, assemble within 48 hours. Within 21 days of assembling or of receiving the second declaration by the Vice President and the Cabinet, a two-thirds vote of each House of Congress is required to affirm the President as unfit. If such actions are satisfied the Vice President would continue to be Acting President. However, if the Congress votes in favor of the President, or if the Congress makes no decision within the 21 days allotted, then the President would resume discharging all of the powers and duties of his office.
Voting Age 18
The Twenty-sixth Amendment establishes the voting age at the age of 18 (rather than 21 as it was previously). The amendment was proposed in 1971, in an attempt to respond to student activism against the Vietnam War. Originally, President Nixon had signed a law making the voting age 18, but a number of states challenged the law, and under pressure the amendment was proposed and ratified.
The slogan, "Old enough to fight, old enough to vote," which surfaced as far back as World War II, finally had won its fight. Arguments of various viewpoints regarding the wisdom of this amendment continue to this day.
Preventing Congressional Corruption
The Twenty-seventh Amendment prohibits any law that increases or decreases the salary of members of the Congress from taking effect until the start of the next set of terms of office for Representatives. Ratified in 1992, the proposal remained in place for 203 years after its initial submission in 1789.
The reason for ratification was anger over a Congressional pay raise. Wyoming became the last State to ratify the amendment. Four States (California, Rhode Island, Hawaii, and Washington) ratified the amendment after the required number of States was met.
A battle over whether or not cost of living increases are affected by this amendment continues to this day. Currently, cost of living increases take effect immediately.
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