Presidential Disability Under the Twenty-fifth Amendment: Constitutional Provisions and Perspectives for Congress Page: 2 of 34
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Congressional Research Service
Informing the legislative debate since 1914 SU V V"A (Y
Presidential Disability Under the Twenty-Fifth R45394
Amendment: Constitutional Provisions and November5, 2018
Thomas H. Neale
Perspectives for Congress Specialist in American
National Government
Sections 3 and 4 of the Twenty-Fifth Amendment to the U.S. Constitution provide for
presidential disability or inability.
Section 3 of the amendment sets the procedure whereby a President may declare himself or
herself "unable to discharge the powers and duties" of the office by transmitting a written declaration to this effect to the
President pro tempore of the Senate (President pro tem) and the Speaker of the House of Representatives (Speaker). For the
duration of the disability, the Vice President discharges the President's powers and duties as Acting President. When the
President transmits "a written declaration to the contrary" to the President pro tem and the Speaker, he or she resumes the
powers and duties of the office. Section 3 is intended to cover either unanticipated disability, such as injury or illness, or
anticipated disability, such as medical treatment. It has been activated three times under circumstances in which the President
underwent general anesthesia for medical treatment. It was informally implemented by President Ronald Reagan in 1985 and
was formally implemented twice by President George W. Bush, in 2002 and 2007, under similar circumstances.
Section 4 provides for instances of contingent presidential disability. It was intended by the Twenty-Fifth Amendment's
authors to provide for cases in which a President was unable or unwilling to declare a disability. In these circumstances, the
section authorizes the Vice President and a majority of either the Cabinet, or such other body established by law (a
presidential disability review body), acting jointly, to declare the President to be disabled. When they transmit a written
message to this effect to the President pro tem and the Speaker, the Vice President immediately assumes the powers and
duties of the office as Acting President.
If the President, at a time of his choice, transmits a written message to the President pro tem and the Speaker that no
disability exists, he or she resumes office. The Vice President and a majority of the Cabinet or disability review body may,
however, contest this finding by a written declaration to the contrary to the aforementioned officers, delivered within four
days of the President's declaration. Congress then decides the question, assembling within 48 hours if it is not in session. If
Congress decides by a two-thirds vote of both houses that the President is unable to discharge the duties of the office, the
Vice President continues as Acting President until the disability is resolved. If the two-thirds margin is not obtained, or if
Congress is in session at the time but does not vote on the question within 21 days of receiving the requisite declaration, then
the President resumes the powers and duties of the office. Similarly, if Congress is not in session at the time, and assembles
as required by Section 4, but does not vote within 21 days of the day on which it is required to assemble, then the President
resumes the powers and duties of the office.
Section 4's complexity and concern about its potential for misuse have raised questions among some observers that it could
be implemented for political purposes. During debate on the amendment, its authors and proponents largely rejected such
claims. They insisted the section was not intended to facilitate the removal of an unpopular or failed President, in support of
which they cited checks and balances incorporated in the amendment that were designed to prevent abuse of the procedure.
To date, Section 4 has not been implemented.
Two bills pending in the 115th Congress would establish a presidential disability review body as authorized by Section 4 of
the Twenty-Fifth Amendment: H.R. 1987, introduced on April 6, 2017, and H.R. 2093, introduced on April 14 of the same
year. H.R. 1987 has been referred to the House Committee on House Rules and the House Judiciary Committee's
Subcommittee on the Constitution and Civil Justice, in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned. H.R. 2093 has been referred to Judiciary Committee's Subcommittee on the
Constitution and Civil Justice.Congressional Research Service
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Neale, Thomas H. Presidential Disability Under the Twenty-fifth Amendment: Constitutional Provisions and Perspectives for Congress, report, November 5, 2018; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc1404188/m1/2/?q=%22law%22: accessed March 29, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.