This Amendment clarifies what happens when the President dies in office.
America has experienced the death of our President a few times. Article II, Section 1 provided for the Vice President to assume the office. However, it was not totally clear on how this happens. One messy story gives an illustration, when President Benjamin Harrison died in office, John Tyler was Vice President. When Tyler talked to the Cabinet about assuming the office, some disapproved and wanted a new election. Tyler handled it by taking the Oath of Office in front of the Cabinet. (The Cabinet refused to call him “Mr. President”, but instead, some called him “his accendency”.) This became known as the Tyler Precedent.
Finally in 1967, a clarifying Amendment was ratified. The Amendment states that the Vice President will become President if the President dies, is removed from office, or resigns. (Section 3)
Then, the Vice President will be nominated by the President. The new VP will take office if both Houses of Congress confirm him. (Section 2)
Section 3 clarifies that if the President is incapacitated for some reason (ie, anesthesia for an operation), during that time period the Vice President will discharge the President’s duties. (The President, if able, informs the President Pro Tempore of the Senate and the Speaker of the House.)
Section 4 clarifies that if the President is incapacitated but not able to create the transfer of power to the Vice President, the majority of the Cabinet can make this decision for him. (This Amendment allows an independent commission to make this determination if the Cabinet is not able.)
Transcript is from National Archives (archives.gov).
AMENDMENT XXV
Passed by Congress July 6, 1965. Ratified February 10, 1967.
Note: Article II, section 1, of the Constitution was affected by the 25th amendment.
Section 1.
In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
Section 2.
Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
Section 3.
Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
Section 4.
Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
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