Background
Article II, Section 1, Clause 6 of the Constitution states:
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.That clause was unclear regarding Presidential succession and inability; it did not state who had the power to declare a President incapacitated. Also, it did not provide a mechanism for filling a Vice Presidential vacancy prior to the next Presidential election. The vagueness of this clause caused difficulties many times before the Twenty-fifth Amendment's adoption:
- In 1841, President William Henry Harrison became the first U.S. President to die in office. Representative John Williams had previously suggested that the Vice President should become Acting President upon the death of the President. Vice President John Tyler asserted that he had succeeded to the office of President, as opposed to only obtaining its powers and duties. He also declined to acknowledge documents referring to him as "Acting President". Despite some strong calls against it, Tyler took the oath of office as the tenth President. Tyler's claim was not formally challenged and so the precedent of full succession was established. This became known as the "Tyler Precedent".
- There had been many occasions when a President was incapacitated. For example, following President Wilson's stroke no one officially assumed the Presidential powers and duties.
- The office of Vice President had been vacant sixteen times due to the death or resignation of either the President or Vice President. For example, there was no Vice President for nearly four years after the death of Franklin D. Roosevelt.
All of these incidents made it evident that clearer guidelines were needed. There were two proposals for providing those guidelines.
Read more about this topic: Twenty-fifth Amendment To The United States Constitution
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