Acting President of The United States - Powers, Duties, Status, and Protocol

Powers, Duties, Status, and Protocol

Under both the 25th Amendment and the Presidential Succession Act, an acting president has identical constitutional "powers and duties" as the President, being able to sign bills into law, petition Congress for a declaration of war, and perform other tasks, but does not hold the office of President itself. The incapacitated President remains the sole holder of the presidential office, although the powers and duties of the presidency are transferred to the acting president. The President who is unable to exercise the powers and duties of the office remains the President of the United States during the period when there is an acting president; in other words, the incapacitated President does not become an ordinary citizen. The President is deprived of the powers and duties of the office, but not of presidential status. Similarly, while the Vice President is discharging the powers and duties of the presidency pursuant to sections 3 or 4 of the 25th Amendment, he still holds the office of Vice President. He would be both Vice President and acting president simultaneously.