Explainers/Constitution
The 25th Amendment
Four sections covering succession, vacancies in the vice presidency, and temporary or contested transfers of power.
5 min read|Updated July 27, 2026
Ratified in 1967 after the Kennedy assassination, the 25th Amendment settles what happens when a president dies, resigns, is removed, or cannot discharge the powers of the office. It also created the process used to fill a vacant vice presidency.
- Ratified
- February 10, 1967
- Sections
- 4
- Section 3 uses
- Invoked voluntarily several times, generally for medical procedures
- Section 4 uses
- Never invoked
What does Section 1 do?
It states plainly that the vice president becomes president, not merely acting president, if the president is removed, dies, or resigns. This resolved an ambiguity that had persisted since John Tyler assumed the office in 1841 on his own assertion of the point.
What does Section 2 do?
When the vice presidency is vacant, the president nominates a successor who takes office upon confirmation by a majority vote of both chambers of Congress. It was used in 1973 when Gerald Ford replaced Spiro Agnew, and in 1974 when Nelson Rockefeller replaced Ford.
What does Section 3 do?
The president may send a written declaration to the president pro tempore of the Senate and the speaker of the House stating an inability to discharge the powers of the office. The vice president then serves as acting president until the president transmits a written declaration to the contrary. It has been used for scheduled medical procedures requiring anesthesia.
What does Section 4 do?
The vice president together with a majority of the cabinet, or another body Congress designates by law, may declare the president unable to serve. The vice president immediately becomes acting president. If the president contests it in writing, the vice president and cabinet have four days to reaffirm; Congress then has 21 days to decide, and a two-thirds vote of both chambers is required to keep the president sidelined. Section 4 has never been invoked.