Since its ratification in 1967, the Twenty-fifth Amendment to the United States Constitution has been invoked several times, demonstrating its practical importance in addressing presidential succession and disability. This amendment provides a clear framework for transferring presidential powers, ensuring continuity in the executive branch during times of crisis. Examining instances where the amendment has been invoked reveals its significance and impact
on U.S. governance.
Early Invocations
The first major invocation of the Twenty-fifth Amendment occurred in 1973 when Vice President Spiro Agnew resigned. President Richard Nixon nominated Gerald Ford to replace Agnew, and Ford was confirmed by Congress, becoming vice president. This use of Section 2 of the amendment demonstrated its effectiveness in filling a vice presidential vacancy, ensuring that the office did not remain empty for an extended period.
In 1974, Nixon resigned due to the Watergate scandal, and Ford became president under Section 1 of the amendment. Ford's accession marked the first time a president had not been elected to either the presidency or vice presidency, highlighting the amendment's role in maintaining government stability during political turmoil.
Temporary Transfers of Power
Section 3 of the Twenty-fifth Amendment allows the president to voluntarily transfer their powers to the vice president, becoming acting president. This section has been invoked several times, often in anticipation of medical procedures. For example, President Ronald Reagan transferred power to Vice President George H. W. Bush in 1985 during surgery, and President George W. Bush did the same with Vice President Dick Cheney in 2002 and 2007.
These temporary transfers of power demonstrate the amendment's flexibility in addressing presidential disability, allowing the executive branch to function smoothly even when the president is incapacitated. The amendment provides a clear process for the president to regain their powers once they are able, ensuring continuity in leadership.
Recent Applications
The most recent invocation of the Twenty-fifth Amendment occurred in 2021 when President Joe Biden temporarily transferred his powers to Vice President Kamala Harris during a medical procedure. This marked the first time a woman held the powers and duties of the president, showcasing the amendment's role in adapting to modern circumstances.
While Section 4 of the amendment, which allows the vice president and cabinet to declare the president unable to perform their duties, has never been invoked, it remains a crucial safeguard for addressing situations where the president cannot or does not declare their inability. The amendment's provisions ensure that the executive branch remains functional, even in unforeseen emergencies.
The Twenty-fifth Amendment has proven to be a vital component of the U.S. Constitution, providing a clear framework for presidential succession and disability. Its invocations and applications demonstrate its importance in maintaining stability and continuity in the federal government.
