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1 1 (July 2, 2024)

handle is hein.crs/goveprc0001 and id is 1 raw text is: nformie S Updated July 2, 2024 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 disability. Presidential inability or disability is specifically covered in Section 3, whereby the President may declare a disability, and Section 4, whereby a presidential disability is declared by the Vice President and a majority of the Cabinet or such other body as may be established by law. Section 3: Presidental Declaration of Dsabilty Section 3 of the amendment covers circumstances in which a President is able to declare himself or herself unable to discharge the powers and duties of the office. When the disability is removed, the President reclaims the office by a declaration to that effect. Disabilities 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 from the 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 tem and the Speaker, he or she resumes the powers and duties of the office. When Has Section 3 Been Activated? This section has been activated several times under circumstances in which the President underwent general anesthesia for medical treatment. 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, and President Joseph Biden used it once, in 2021, while they were anesthetized for routine medical procedures. Section 4: Contingent Disabilty Section 4 of the Twenty-Fifth Amendment provides for instances of contingent presidential disability. It covers instances of presidential disability or inability that differ from, and arguably are more potentially complex and problematic than, those addressed in Section 3. Some of the differences between the two sections are notable. Section 3 can be activated only by the President, whereas the disability initiation element of Section 4 can be implemented only by the Vice President and either (1) a majority of the Cabinet, or (2) a majority of such other body as Congress may by law provide. This envisioned body will be identified in this publication as the Disability Review Body (DRB). Section 3 was designed to be invoked either in anticipation of presidential inability, or as a response to a disability, whereas Section 4 was intended by the amendment's sponsors to be activated only in response to a presidential disability. Section 3 assumes that the President is fully aware and competent, and capable of declaring his disability, whereas Section 4 assumes that the President, for whatever reason, is unable or unwilling to declare an obvious disability, and that he or she cannot or 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 political purposes. During debate on the amendment, its authors and proponents largely rejected such claims. They insisted the section was not intended to facilitate the removal of an unpopular or failed President, in support of which they cited checks and balances incorporated in the amendment that were designed to prevent abuse of the procedure. To date, Section 4 has not been implemented. Section 4: Actions Section 4 authorizes four potential procedures: (1) a joint declaration of presidential disability by the Vice 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 President pro tem and the Speaker, the Vice President immediately assumes the powers and duties of the office as Acting President; (2) a declaration by the President that the disability invoked under the provisions set out above no longer exists. If the President's declaration is not contested by the Vice President 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, contest this finding by a written declaration to the contrary to the aforementioned officers. As noted previously, this declaration must be issued within four days of the President's declaration; otherwise, the President resumes the powers and duties of the office;