{ "id": "RS20260", "type": "CRS Report", "typeId": "REPORTS", "number": "RS20260", "active": false, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 102558, "date": "1999-07-12", "retrieved": "2016-05-24T20:43:56.846941", "title": "Presidential Disability: An Overview", "summary": "In the original document, Article II, section 1, clause 6 of the Constitution provided that, in the\nevent\nof the President's \"Inability to discharge the Powers and Duties\" of his office, \"the Same shall\ndevolve on the Vice President.\" This language was superseded by the 25th Amendment to the\nConstitution, ratified in 1967. Although there were several instances of severe presidential disability\nbetween 1789 and 1967, no Vice President sought to assume the chief executive's powers and duties\nduring this period. Sections 3 and 4 of the 25th Amendment currently govern cases of presidential\ndisability. Under section 3, if the President declares (in a written declaration to the Speaker of the\nHouse of Representatives and the President pro tempore of the Senate) that he is\ndisabled for any\nreason, the Vice President assumes his powers and duties as Acting President. Section 4 provides\nfor cases in which the President may not be able to transmit a disability declaration. In these\ncircumstances, the Vice President and the cabinet or \"such other body as Congress may by law\nprovide\" (a disability review body) can, by majority vote, declare the President to be disabled. It also\nempowers the President to declare his disability ended, again by written declaration, and resume his\npowers and duties. If, however, the Vice President and a majority of either the cabinet or a disability\nreview body, rule otherwise, then Congress decides the issue. A vote of two-thirds of both houses\nwithin 21 days is required to determine the President to be disabled and continue the disability;\notherwise, he resumes his powers and duties. Neither section 3 nor section 4 has been invoked since\nthe amendment was ratified. This report will be updated if events warrant. For information on\nsections 1 and 2 of the 25th Amendment, which provide for presidential succession, consult\n Presidential and Vice Presidential Succession , CRS Report 98-731 GOV.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RS20260", "sha1": "f720b9ad8756a605627255433b953af20f4ce885", "filename": "files/19990712_RS20260_f720b9ad8756a605627255433b953af20f4ce885.pdf", "images": null }, { "format": "HTML", "filename": "files/19990712_RS20260_f720b9ad8756a605627255433b953af20f4ce885.html" } ], "topics": [] } ], "topics": [ "American Law", "Economic Policy" ] }