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The Independent UK
The Independent UK
National
Riley Hoffman

The 25th Amendment: What it is and how it’s been used in the US

  • The 25th Amendment establishes procedures for replacing the president or vice president in cases of death, removal, resignation, or incapacitation.
  • Section 1 specifies that the vice president assumes the presidency if the president is removed from office, dies, or resigns.
  • Section 4 allows the vice president and a majority of the cabinet to declare the president unable to discharge their duties, making the vice president the acting president. Section 4 has never been used. If the President declares their ability to resume office, but the vice president and cabinet dispute this, Congress must then decide the issue.
  • The first use of the 25th Amendment occurred in 1973 when President Richard Nixon nominated Congressman Gerald R. Ford to fill the vacancy left by Vice President Spiro Agnew's resignation. In less than a year, the 25th Amendment was used again when Vice President Ford became President after Nixon resigned.
  • The 25th Amendment was notably utilized by Presidents Reagan (1985), G.W. Bush (2002, 2007), and Biden (2021) for procedures requiring anesthesia.
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