93d Congress 1st Session } HOUSE COMMITTEE PRINT APPLICATION OF THE TWENTY-FIFTH COMMITTEE ON THE JUDICIARY PETER W. RODINO, JR., New Jersey, Chairman HAROLD D. DONOHUE, Massachusetts ROBERT W. KASTENMEIER, Wisconsin EDWARD MEZVINSKY, Iowa EDWARD HUTCHINSON, Michigan CHARLES E. WIGGINS, California DAVID W. DENNIS, Indiana HAMILTON FISH, JR., New York WILEY MAYNE, Iowa LAWRENCE J. HOGAN, Maryland HAROLD V. FROEHLICH, Wisconsin JEROME M. ZEIFMAN, General Counsel HERBERT E. HOFFMAN, Counsel DONALD G. BENN, Counsel ROGER A. PAULEY, Counsel CONTENTS Page The Twenty-Fifth Amendment to the Constitution of the United States__ Text of bills: H.R. 836 (Mr. Multer). H.R. 3792 (Mr. Derwinski). House Joint Resolution 1 (Mr. Celler) – 1 3 40 41 14 14 15 16 House Joint Resolution 154 (Mr. Fulton of Pennsylvania). 24 24 26 House Joint Resolution 219 (Mr. Moorhead). 26 House Joint Resolution 220 (Mr. Moorhead, by request). House Joint Resolution 280 (Mr. Edwards of California) House Joint Resolution 310 (Mr. Byrne of Pennsylvania) 39 39 House Joint Resolution 329 (Mr. McClory) 40 Testimony of— Bayh, Hon. Birch E., U.S. Senator from Indiana__ Bennett, Hon. Charles E., U.S. Representative from Florida___ States, New York, N.Y. Curtin, Hon. Willard S., U.S. Representative from Pennsylvania. Fuqua, Hon. Don, U.S. Representative from Florida.. 43 80 242 141 78 154 189 Presidential Inability, etc.-Continued Halpern, Hon. Seymour, U.S. Representative from New York... Lindsay, Hon. John V., U.S. Representative from New York.. Monagan, Hon. John S., U.S. Representative from Connecticut_ Powell, Hon. Lewis, Jr., president, American Bar Association, Robison, Hon. Howard W., U.S. Representative from New York. Association of the Bar of the City of New York, Committee on Cohelan, Hon. Jeffrey, U.S. Representative from California_. Moorhead, Hon. William S., U.S. Representative from Pennsyl- Multer, Hon. Abraham J., U.S. Representative from New York. New York State Bar Association, Committee on Federal Legisla- Randall, Hon. William J., U.S. Representative from Missouri___ Debate in the House of Representatives on the Question of Adoption of the Page 182 267 47 99 74 153 6 205 177 218 227 262 196 271 295 279 185 185 290 281 282 184 186 273 203 270 292 293 181 195 294 295 297 321 Presidential Inability and Vacancies in the Office of the Vice President, 417 Presidential Inability and Vacancies in the Office of the Vice President, 441 Obligation on President and Congress To Fill Vice Presidential Vacancy, 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; |