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93d Congress 1st Session

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HOUSE COMMITTEE PRINT

APPLICATION OF THE TWENTY-FIFTH
AMENDMENT TO VACANCIES IN THE
OFFICE OF THE VICE PRESIDENT

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COMMITTEE ON THE JUDICIARY

PETER W. RODINO, JR., New Jersey, Chairman

HAROLD D. DONOHUE, Massachusetts
JACK BROOKS, Texas

ROBERT W. KASTENMEIER, Wisconsin
DON EDWARDS, California
WILLIAM L. HUNGATE, Missouri
JOHN CONYERS, JR., Michigan
JOSHUA EILBERG, Pennsylvania
JEROME R. WALDIE, California
WALTER FLOWERS, Alabama
JAMES R. MANN, South Carolina
PAUL S. SARBANES, Maryland
JOHN F. SEIBERLING, Ohio
GEORGE E. DANIELSON, California
ROBERT F. DRINAN, Massachusetts
CHARLES B. RANGEL, New York
BARBARA JORDAN, Texas
RAY THORNTON, Arkansas
ELIZABETH HOLTZMAN, New York
WAYNE OWENS, Utah

EDWARD MEZVINSKY, Iowa

EDWARD HUTCHINSON, Michigan
ROBERT MCCLORY, Illinois
HENRY P. SMITH III, New York
CHARLES W. SANDMAN, JR., New Jersey
TOM RAILSBACK, Illinois

CHARLES E. WIGGINS, California

DAVID W. DENNIS, Indiana

HAMILTON FISH, JR., New York

WILEY MAYNE, Iowa

LAWRENCE J. HOGAN, Maryland
WILLIAM J. KEATING, Ohio
M. CALDWELL BUTLER, Virginia
WILLIAM S. COHEN, Maine
TRENT LOTT, Mississippi

HAROLD V. FROEHLICH, Wisconsin
CARLOS J. MOORHEAD, California
JOSEPH J. MARAZITI, New Jersey

JEROME M. ZEIFMAN, General Counsel
GARNER J. CLINE, Associate General Counsel
JOSEPH FISCHER, Law Revision Counsel
HERBERT FUCHS, Counsel

HERBERT E. HOFFMAN, Counsel
WILLIAM P. SHATTUCK, Counsel
H. CHRISTOPHER NOLDE, Counsel
ALAN A. PARKER, Counsel
JAMES F. FALCO, Counsel
MAURICE A. BARBOZA, Counsel

DONALD G. BENN, Counsel
FRANKLIN G. POLK, Counsel

ROGER A. PAULEY, Counsel
THOMAS E. MOONEY, Counsel
PETER T. STRAUB, Counsel
MICHAEL W. BLOMMER, Counsel
ALEXANDER B. Cook, Counsel

CONTENTS

Page

The Twenty-Fifth Amendment to the Constitution of the United States__
Presidential Inability, hearings held before the House Committee on the
Judiciary, February 9, 10, 16, and 17, 1965---

Text of bills:

H.R. 836 (Mr. Multer).

H.R. 3792 (Mr. Derwinski).

House Joint Resolution 1 (Mr. Celler) –
House Joint Resolution 3 (Mr. Poff).
House Joint Resolution 29 (Mr. Ashley).
House Joint Resolution 33 (Mr. Bennett).
House Joint Resolution 41 (Mr. Cohelan).
House Joint Resolution 53 (Mr. Gonzalez).
House Joint Resolution 67 (Mr. Kunkel).
House Joint Resolution 118 (Mr. Holland).
House Joint Resolution 119 (Mr. McCulloch).
House Joint Resolution 129 (Mr. Curtin).
House Joint Resolution 139 (Mr. Lindsay).
House Joint Resolution 140 (Mr. Lindsay).
House Joint Resolution 143 (Mr. Shriver)

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House Joint Resolution 154 (Mr. Fulton of Pennsylvania).
House Joint Resolution 158 (Mr. Monagan).
House Joint Resolution 183 (Mr. Halpern).

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House Joint Resolution 219 (Mr. Moorhead).

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House Joint Resolution 220 (Mr. Moorhead, by request).
House Joint Resolution 224 (Mr. Dent)

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House Joint Resolution 280 (Mr. Edwards of California)
House Joint Resolution 293 (Mr. Robison) -

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House Joint Resolution 310 (Mr. Byrne of Pennsylvania)
House Joint Resolution 312 (Mr. Roybal).

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House Joint Resolution 329 (Mr. McClory)

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Testimony of—

Bayh, Hon. Birch E., U.S. Senator from Indiana__

Bennett, Hon. Charles E., U.S. Representative from Florida___
Brownell, Hon. Herbert, former Attorney General of the United

States, New York, N.Y.

Curtin, Hon. Willard S., U.S. Representative from Pennsylvania.
Fascell, Hon. Dante B., U.S. Representative from Florida.
Folsom, Hon. Marion B., chairman, Special Committee on Presi-
dential Inability, Committee for Economic Development, 1000
Connecticut Avenue, Washington, D.C....

Fuqua, Hon. Don, U.S. Representative from Florida..

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Presidential Inability, etc.-Continued
Testimony of-Continued

Halpern, Hon. Seymour, U.S. Representative from New York...
Horton, Hon. Frank J., U.S. Representative from New York....
Jacobs, Hon. Andrew, Jr., U.S. Representative from Indiana_
Katzenbach, Hon. Nicholas de B., Attorney General of the United
States, Washington, D.C...

Lindsay, Hon. John V., U.S. Representative from New York..
Love, Hon. Rodney M., U.S. Representative from Ohio....
McCulloch, Hon. William M., U.S. Representative from Ohio___
Mathias, Hon. Charles McĆ., Jr., Ú.S. Representative from
Maryland.

Monagan, Hon. John S., U.S. Representative from Connecticut_
Musmanno, Hon. Michael A., justice, Supreme Court of Pennsyl-
vania, Pittsburgh, Pa....

Powell, Hon. Lewis, Jr., president, American Bar Association,
Richmond, Va___.

Robison, Hon. Howard W., U.S. Representative from New York.
Taylor, Martin, Esq., chairman, Committee on Federal Constitu-
tion, New York State Bar Association, New York, N. Y...
Statements of-

Association of the Bar of the City of New York, Committee on
Federal Legislation (report dated June 1, 1964)--
Chamber of Commerce of the United States (letter dated March 1,
1965)__

Cohelan, Hon. Jeffrey, U.S. Representative from California_.
Dent, Hon. John H., U.S. Representative from Pennsylvania_
Derwinski, Hon. Edward J., U.S. Representative from Illinois_-.
Gilbert, Hon. Jacob H., U.S. Representative from New York..
Gonzalez, Hon. Henry B., U.S. Representative from Texas - -
Kraus, Laurence G., 89 Bellevue, Corinthian Island, Belvedere-
Tiburon, Calif..

Moorhead, Hon. William S., U.S. Representative from Pennsyl-
vania.

Multer, Hon. Abraham J., U.S. Representative from New York.
New York Chamber of Commerce, Committee on Law Reform, 65
Liberty Street, New York, N. Y. (reports adopted January 11,
1961; April 16, 1964)__

New York State Bar Association, Committee on Federal Legisla-
tion__

Randall, Hon. William J., U.S. Representative from Missouri___
Roush, Hon. J. Edward, U.S. Representative from Indiana__ _ _
Roybal, Hon. Edward R., U.S. Representative from California__
Shriver, Hon. Garner E., U.S. Representative from Kansas... – –
Stafford, Hon. Robert T., U.S. Representative from Vermont..
Tenzer, Hon. Herbert, U.S. Representative from New York.
Toll, Hon. Herman, U.S. Representative from Pennsylvania__
Presidential Inability and Vacancies in the Office of the Vice President,
House Report No. 203, 89th Cong., 1st sess..

Debate in the House of Representatives on the Question of Adoption of the
Twenty-Fifth Amendment, April 13, 1965..

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Presidential Inability and Vacancies in the Office of the Vice President,
Senate Report No. 66, 89th Cong., 1st sess..

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Presidential Inability and Vacancies in the Office of the Vice President,
Conference Report No. 564, 89th Cong., 1st sess

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Obligation on President and Congress To Fill Vice Presidential Vacancy,
Library of Congress, Congressional Research Service__

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The Twenty-Fifth Amendment to the

Constitution of the United States

SECTION 1. In the case of the removal of the President from office or of his death or resignation, the Vice President shall become President. SEC. 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. SEC. 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.

SEC. 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 fortyeight 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.

The 25th amendment to the Constitution was proposed by the Congress on July 6, 1965. It was declared, in a certificate of the Administrator of General Services, dated February 23, 1967, to have been ratified by the legislatures of 39 of the 50 States. The dates of ratification were: Nebraska, July 12, 1965; Wisconsin, July 13, 1965; Oklahoma, July 16, 1965; Massachusetts, August 9, 1965; Pennsylvania, August 18, 1965; Kentucky, September 15, 1965; Arizona, September 22, 1965; Michigan, October 5, 1965; Indiana, October 20, 1965; California, October 21, 1965; Arkansas, November 4, 1965; New Jersey, November 29, 1965; Delaware, December 7, 1965; Utah, January 17, 1966; West Virginia, January 20, 1966; Maine, January 24, 1966; Rhode Island, January 28, 1966; Colorado, February 3, 1966; New Mexico, February 3, 1966; Kansas, February 8, 1966;

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