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1 1 (March 28, 2024)

handle is hein.crs/goveouc0001 and id is 1 raw text is: Con gressionaI ResearchS Srie The Twenty-Fifth Amendment and Presidential Inability, Part 7: Issues for Congress March 28, 2024 This Legal Sidebar post is the last in a seven-part series that discusses the Twenty-Fifth Amendment to the Constitution. In an effort to ensure that the United States will always possess a functioning President and Vice President, the Twenty-Fifth Amendment seeks to promote the prompt, orderly, and democratic transfer of executive power. In particular, the Amendment establishes procedures for addressing presidential inability and vacancies that arise in the presidency or vice presidency. Because Congress may play a role in implementing the Twenty-Fifth Amendment, understanding the Amendment's history and drafting may assist Congress in its legislative activities. This Sidebar post discusses issues for Congress related to the Twenty-Fifth Amendment. Other Sidebars in this series discuss the Twenty-Fifth Amendment's procedures; the framing of the Presidential Succession Clause at the Constitutional Convention of 1787; the history of presidential succession; and the Amendment's drafting in Congress and implementation. Additional information on this topic is available at the Constitution Annotated: Analysis and Interpretation of the U.S. Constitution and in several CRS reports. Issues for Congress Although the Twenty-Fifth Amendment has helped to ensure the prompt and orderly transition of executive power on several occasions, various commentators have observed that the Amendment does not address all contingencies. In 2012, a Fordham University Law School Clinic on Presidential Succession identified several potential challenges: Inability of the President when there is a vacancy in the office of Vice President; Dual inability of the President and Vice President; Inability of the Vice President; and Inability of a statutory successor while acting as President. Congressional Research Service https://crsreports.congress.gov LSB11137 CRS Legal Sidebar Prepared for Members and Committees of Congress