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1 1 (February 5, 2021)

handle is hein.crs/govecbt0001 and id is 1 raw text is: $ Santa in ~ Fw~ ~v fr1a~ & en W14 February 5, 2021 The Twenty-Fifth Amendment: Sections 3 and 4-Presidential Disability The Twenty -Fifth Amendment, proposed by Congress in 1965 and ratified by the states in 1967, provides for presidential succession, vice presidential vacancies, and presidential dis ability. Presidential inability or dis ability is specifically covered in Section 3, whereby the President may declare a dis ability, and Section 4, whereby a dis ability is declared by the Vice President and a majority of the Cabinet or such other body as may be es tablished by law. Section 3: Presidential Declaration of Disability Section 3of the amendmentcoverscircumstancesin which a Presidentis able to declare himself or herselfunable to discharge the powers and duties ofthe office.When the dis ability is removed, the Presidentreclaims the office by a declaration to that effect. Dis abilities may include a sudden injury or illness or scheduled medical treatment that might leave the President less than fully aware or cognizant for some period of time. It may potentially cover other situations, such as absence fromthe country or a period of intense grief, for example, related to the loss of a loved one. Opinion as to whether a President could invoke Section 3 to concentrate on defense in a case of impeachment is divided. The President activates Section 3 by transmitting a written declaration to the President pro tempore of the Senate (President pro tem) and the Speaker of the House of Representatives (Speaker). For the duration of the disability, the Vice President discharges the President's powers and duties as Acting President. When the President transmits a written declaration to the contrary to the President pro temand the Speaker, he or she resumes the powers and duties of the office. When Has Section 3 Been Activated? This sectionhas been activated three times under circumstances in which the President underwent general anesthesia for medicaltreatment. In 1985, President Ronald Reagan informally invoked the amendment when he was anesthetized during cancer surgery. President George W. Bush formally implemented Section 3 twice, in 2002 and 2007, while anesthetized for routinemedicalprocedures. Section 4: Contingent Disability Section 4 of the Twenty-Fifth Amendment provides for instances ofcontingentpresidentialdisability. It covers instances of presidential dis ability or inability that differ from, and arguably are more potentially complexand problematic than, those addressed in Section 3. https://crsrepc Some of the differences between thetwo sections should be noted. Section 3 can be activated only by the President, whereas the dis ability initiation element of Section 4 can be implemented only by the Vice President andeither (1) a majority of the Cabinet, or (2) a majority of such other body as Congress may by law provide. This body will be identified in this publication as the Dis ability Review Body (DRB). Section 3 was designed to be invoked either in anticipationofpresidential inability, or as aresponse to a disability, whereas Section 4 was intended by the amendment's sponsors to be activated only in response to a presidentialdisability. Section 3 assumes that thePresident is fully aware and competent, and capable of declaring his dis ability, whereas Section 4 as sumes that the President, for whatever reason, is unable or unwilling to declare an obvious disability, and that heor she cannotor will not step aside for its duration. Section 4's complexity and concern about its potential for misuse have raised questions among some observers that it could be implemented for politicalpurposes. During debate on the amendment, its authors and proponents largely rejected such claims. They insisted the section was not intended to facilitate the remov al of an unpopular or failed President, in support of which they cited checks and balances incorporated in the amendment that were designed to preventabuse of the procedure. To date, Section 4has not been implemented. Section 4: Actions Section 4 authorizes four potential procedures: (1) a joint declaration of presidential dis ability by the [ice President and a majority of the Cabinet or such other body (i.e., DRB) as Congress has established by law. When they transmit a written message to this effect to the Presidentpro temand the Speaker, the [ice President immediately as sumes the powers and duties of the office as Acting President; (2) a declaration by the President that the disability invoked under the provisions setoutabove no longer exists. If the President's declaration is not contestedby the Vice Pres ident and the Cabinet or DRB within four days , then the President resumes the powers and duties of the office; (3) the Vice President and a majority of the Cabinet or DRB, acting jointly, may, however, contestthis finding by a written declaration to the contrary to the aforementioned officers. As noted previously, this declaration must be issued within four days ofthe President's declaration; otherwise, the President resumes the powers and duties of the office; (4) if this declaration is transmitted within four days, then Congress decides the is sue. If Congress is in sessionithas 21 days to consider the question. If a two- thirds voteof Members presentand voting in both chambers taken within this period disputes the President, .conress.qov