Presidential Disability: An Overview (CRS Report for Congress)
| Release Date |
July 12, 1999 |
| Report Number |
RS20260 |
| Report Type |
Report |
| Authors |
Thomas H. Neale, Government and Finance Division |
| Source Agency |
Congressional Research Service |
Summary:
In the original document, Article II, section 1, clause 6 of the Constitution provided that, in the
event
of the President's "Inability to discharge the Powers and Duties" of his office, "the Same shall
devolve on the Vice President." This language was superseded by the 25th Amendment to the
Constitution, ratified in 1967. Although there were several instances of severe presidential disability
between 1789 and 1967, no Vice President sought to assume the chief executive's powers and duties
during this period. Sections 3 and 4 of the 25th Amendment currently govern cases of presidential
disability. Under section 3, if the President declares (in a written declaration to the Speaker of the
House of Representatives and the President pro tempore of the Senate) that he is
disabled for any
reason, the Vice President assumes his powers and duties as Acting President. Section 4 provides
for cases in which the President may not be able to transmit a disability declaration. In these
circumstances, the Vice President and the cabinet or "such other body as Congress may by law
provide" (a disability review body) can, by majority vote, declare the President to be disabled. It also
empowers the President to declare his disability ended, again by written declaration, and resume his
powers and duties. If, however, the Vice President and a majority of either the cabinet or a disability
review body, rule otherwise, then Congress decides the issue. A vote of two-thirds of both houses
within 21 days is required to determine the President to be disabled and continue the disability;
otherwise, he resumes his powers and duties. Neither section 3 nor section 4 has been invoked since
the amendment was ratified. This report will be updated if events warrant. For information on
sections 1 and 2 of the 25th Amendment, which provide for presidential succession, consult
Presidential and Vice Presidential Succession , CRS Report 98-731 GOV.
