Joint Resolution Proposing the Twenty-Fifth Amendment
7/6/1965
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Congress passed this resolution proposing the 25th Amendment to the United States Constitution. The amendment outlines the protocols for Presidential succession and includes procedures for declaring a President incapable of fulfilling the duties of the office and filling a Vice Presidential vacancy. The rules and procedures in the Constitution regarding Presidential succession had been vague before this amendment. If a President died, was incapacitated, resigned, or removed from office, it was unclear whether the Vice President would become President or Acting President.
The ambiguity became evident in 1841, following the first death of a sitting President: William Henry Harrison. Vice President John Tyler took the Presidential oath of office, but Congress couldn’t agree on whether he was President or Acting President; he assumed the full duties of President.
The matter remained unresolved until President John F. Kennedy's 1963 assassination spurred the Government to action. Vice President Lyndon Johnson became President, and the Vice Presidency was vacant for the 16th time since 1841. There were questions about Johnson’s health, and concern about the two elderly congressional leaders next in line for the Presidency. In the middle of the Cold War, there was widespread desire for a plan for who would be in charge of the nuclear button.
This joint resolution was passed in 1965, following President Kennedy's assassination. A joint resolution is a formal opinion adopted by both houses of the legislative branch. A constitutional amendment must be passed as a joint resolution before it is sent to the states for ratification. Then the 25th Amendment was ratified by three-fourths of the states on February 10, 1967. Since its ratification, the amendment has been invoked by a President six times.
The ambiguity became evident in 1841, following the first death of a sitting President: William Henry Harrison. Vice President John Tyler took the Presidential oath of office, but Congress couldn’t agree on whether he was President or Acting President; he assumed the full duties of President.
The matter remained unresolved until President John F. Kennedy's 1963 assassination spurred the Government to action. Vice President Lyndon Johnson became President, and the Vice Presidency was vacant for the 16th time since 1841. There were questions about Johnson’s health, and concern about the two elderly congressional leaders next in line for the Presidency. In the middle of the Cold War, there was widespread desire for a plan for who would be in charge of the nuclear button.
This joint resolution was passed in 1965, following President Kennedy's assassination. A joint resolution is a formal opinion adopted by both houses of the legislative branch. A constitutional amendment must be passed as a joint resolution before it is sent to the states for ratification. Then the 25th Amendment was ratified by three-fourths of the states on February 10, 1967. Since its ratification, the amendment has been invoked by a President six times.
This primary source comes from the General Records of the United States Government.
National Archives Identifier: 1415077
Full Citation: Joint Resolution Proposing the Twenty-Fifth Amendment to the United States Constitution; 7/6/1965; Enrolled Acts and Resolutions of Congress, 1789 - 2011; General Records of the United States Government, Record Group 11; National Archives Building, Washington, DC. [Online Version, https://www.docsteach.org/documents/document/twenty-fifth-amendment, September 7, 2024]Rights: Public Domain, Free of Known Copyright Restrictions. Learn more on our privacy and legal page.
