Presidential Inability

provide, transmits within two days to the Congress his written declaration that the President is unable to discharge the powers and duites of his office. Thereupon Congress shall immediately decide the issue. If the Congress determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of the office, the Vice President shall continue to discharge the same as Acting President; otherwise the President shall resume the powers and duties of his office."

[H.J. Res. 33, 89th Cong., 1st sess.]

JOINT RESOLUTION Proposing an amendment to the Constitution of the United States relating to Presidential inability

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, and shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:

"ARTICLE

"SECTION 1. In case of the removal of the President from office, or his death or resignation, the said office shall devolve on the Vice President. In case of the inability of the President to discharge the powers and duties of the said office the said powers and duties shall devolve on the Vice President, until the inability be removed. The Congress may be law provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then be President, or in case of inability, act as President, and such officer shall be or act as President accordingly, until a President shall be elected or, in case of inability, until the inability shall be earlier removed. The commencement and termination of any inability shall be determined by such method as Congress shall by law provide.

"SEC. 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress."

[H.J. Res. 41, 89th Cong., 1st sess.]

JOINT RESOLUTION Proposing an amendment to the Constitution of the United States relating to succession to the Presidency and Vice-Presidency and to cases where the President is unable to discharge the powers and duties of his office

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:

"SECTION 1. In case of the removal of the President from office, or of his death or resignation, the Vice President shall become President for the unexpired por tion of the then current term. Within a period of thirty days thereafter, the new President shall nominate a Vice President who shall take office upon confirmation by both Houses of Congress by a majority of those present and voting. "SEC. 2. In case of the removal of the Vice President from office, or of his death or resignation, the President, within a period of thirty days thereafter, shall nominate a Vice President who shall take office upon confirmation by both Houses of Congress by a majority vote of those present and voting.

"SEC. 3. If the President shall declare in writing that he is unable to discharge the powers and duties of his office, such powers and duties shall be discharged by the Vice President as Acting President.

"SEC. 4. If the President does not so declare, the Vice President, if satisfied that such inability exists, shall, upon the written approval of a majority of the heads of the executive departments in office, assume the discharge of the powers and duties of the office as Acting President.

"SEC. 5. Whenever the President makes public announcement in writing that his inability has terminated, he shall resume the discharge of the powers and

duties of his office on the seventh day after making such announcement, or at such earlier time after such announcement as he and the Vice President may determine. But if the Vice President, with the written approval of a majority of the heads of executive departments in office at the time of such announcement, transmits to the Congress his written declaration that in his opinion the President's inability has not terminated, the Congress shall thereupon consider the issue. If the Congress is not then in session, it shall assemble in special session on the call of the Vice President. If the Congress determines by concurrent resolution, adopted with the approval of two-thirds of the Members present in each House, that the inability of the President has not terminated, thereupon, notwithstanding any further announcement by the President, the Vice President shall discharge such powers and duties as Acting President until the occurrence of the earliest of the following events: (1) the Acting President proclaims that the President's inability has ended, (2) the Congress determines by concurrent resolution, adopted with the approval of a majority of the Members present in each House, that the President's inability has ended, or (3) the President's term ends.

"SEC. 6. (a) (1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the officer of the United States who is highest on the following list, and who is not under disability to discharge the powers and duties of the office of President, shall act as President: Secretary of State, Secretary of Treasury, Secretary of Defense, Attorney General, Postmaster General, Secretary of Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of Labor, Secretary of Health, Education, and Welfare, and such other heads of executive departments as may be established hereafter and in order of their establishment.

"(2) The same rule shall apply in the case of the death, resignation, removal from office, or inability of an individual acting as President under this section. "(3) To qualify under this section, an individual must have been appointed, by and with the advice and consent of the Senate, prior to the time of the death, resignation, removal from office, or inability of the President and Vice President, and must not be under impeachment by the House of Representatives at the time the powers and duties of the office of President devolve upon him.

"(b) In case of the death, resignation, or removal of both the President and Vice President, his successor shall be President until the expiration of the then current presidential term. In case of the inability of the President and Vice President to discharge the powers and duties of the office of President, his successor, as designated in this section, shall be subject to the provisions of sections 3, 4, and 5 of this article as if he were a Vice President acting in case of disability of the President.

"(c) The taking of the oath of office by an individual specified in the list of paragraph (1) of subsection (a) shall be held to constitute his resignation from the office by virtue of the holding of which he qualifies to act as President.

"(d) During the period that any individual acts as President under this section, his compensation shall be at the rate then provided by law in the case of the President.

"SEC. 7. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission."

[H.J. Res. 53, 89th Cong., 1st sess.]

JOINT RESOLUTION Proposing an amendment to the Constitution to provide for the appointment of a new Vice President whenever there is a vacancy in the office of Vice President

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, and shall be valid to all intents and purposes as part of the Constitution only if ratified by the legislatures of three-fourths of the several States within seven years from the date of its submission by the Congress:

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"ARTICLE

"SECTION 1. Whenever the office of Vice President becomes vacant at any time, more than thirty days before the expiration of the term for which the Vice President was elected, because of the death, removal from office, or resignation of the Vice President or the death of a Vice-President-elect before the time fixed for the beginning of his term, or because of the assumption by the Vice President or a Vice-President-elect of the powers and duties of President by reason of the death, removal from office, or resignation of the President or the death of a President-elect before the time fixed for the beginning of his term, the person discharging the powers and duties of President shall nominate and, subject to confirmation by the Senate and the House of Representatives acting in joint session, shall appoint a person to act as Vice President.

"SEC. 2. The person discharging the powers and duties of the President shall convene the Senate and House of Representatives in joint session for the purpose of carrying out the provisions of this article. A quorum of each House of the Congress being present at such joint session, the person nominated to act as Vice President under the first section of this article shall be confirmed by majority vote of the Members of the Senate and of the House of Representatives present and voting, each such Member having one vote.

"SEC. 3. No person constitutionally ineligible to the office of President shall be appointed under this article. A person appointed under this article to act as Vice President shall act accordingly until the end of the term for which the Vice President or Vice-President-elect whom he succeeds was elected. While so acting he shall have in all respects the same status, powers, and duties as an elected Vice President."

[H.J. Res. 67, 89th Cong., 1st sess.]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein). That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years from the date of its submission by the Congress:

"ARTICLE

"SECTION 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

"SEC. 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

"SEC. 3. If the President declares in writing that he is unable to discharge the powers and duties of his office, such powers and duties shall be discharged by the Vice President as Acting President.

"SEC. 4. If the President does not so declare, and the Vice President with the written concurrence of a majority of the heads of the executive departments or such other body as Congress may by law provide, transmits to the Congress his written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

"SEC. 5. Whenever the President transmits to the Congress his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President, with the written concurrence of a majority of the heads of the executive departments or such other body as Congress may by law provide, transmit within two days to the Congress his written declaration that the President is unable to discharge the powers and duties of his office. Thereupon, Congress shall immediately decide the issue. If the Congress determines by twothirds vote of both Houses that the President is unable to discharge the powers and duties of the office, the Vice President shall continue to discharge the same as Acting President; otherwise the President shall resume the powers and duties of his office."

[H.J. Res. 118, 89th Cong., 1st sess.]

JOINT RESOLUTION Proposing an amendment to the Constitution of the United States on Presidential power and succession

Resolved by the Senate and House of Representatives of the United States of America in Congress, assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:

"ARTICLE

"SECTION 1. The Vice President shall assist the President and the President shall assign to the Vice President such duties as he sees fit.

"SEC. 2. In case of the removal of the President from office, or of his death or resignation, the Vice President shall become President, and shall serve as such until the end of the term for which the President was elected. In case of the inability or disability of the President to discharge the powers and duties of his office, those powers and duties shall be discharged by the Vice President until the inability or disability of the President has ceased.

"SEC. 3. The members of the Judiciary Committees of the Senate and the House of Representatives shall constitute a permanent Commission on Prevention of Lapse of Executive Power. Under such rules as the Congress shall prescribe by concurrent resolution, the Commission shall determine by a two-thirds vote thereof, all questions concerning the inability or disability of the President to discharge the powers and duties of his office, and determine when such inability or disability ceases. Upon such determination, the President and Vice President shall resume their former powers and duties.

"SEC. 4. When a Vice President becomes President by the removal, death, or resignation of the President, the new President shall recommend to Congress a candidate for Vice President. The Congress, by majority vote thereof, shall elect such candidate. If the Congress does not elect such candidate within a reasonable time, the new President shall submit the name of another candidate and repeat the individual recommendations until the Congress shall elect one of such candidates for the office of Vice President to serve until the end of the President's term.

"SEC. 5. The Vice President shall not preside over the Senate. The Senate shall choose a President of the Senate from Members of the Senate, a President pro tempore who shall act in the absence of the President of the Senate or during his participation as a Member of the Senate in the deliberations of the Senate, and other officers of the Senate.

"SEC. 6. The Congress shall have power to carry this article into effect by appropriate legislation.

"SEC. 7. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the States within seven years from the date of its submission to the States by the Congress."

[H.J. Res. 119, 89th Cong., 1st sess.]

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Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years from the date of its submission by the Congress:

"ARTICLE

"SECTION 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

"SEC. 3. If the President declares in writing that he is unable to discharge the powers and duties of his office, such powers and duties shall be discharged by the Vice President as Acting President.

"SEC. 5. Whenever the President transmits to the Congress his written declaration that no inability exists, he shall resume the powers and duties of his office on the second day following the transmittal of such declaration to the Congress unless, prior to his resumption of such powers and duties, the Vice President transmits to the Congress his written declaration that the President is unable to discharge the powers and duties of his office, in which case the Congress shall immediately decide the issue. If the Congress determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of the office, the Vice President shall continue to discharge the same as Acting President; otherwise the President shall resume the powers and duties of his office on the tenth day following the transmittal to the Congress of his declaration that no inability exists. Any declaration by the Vice President that the President is unable to resume the powers and duties of his office may be transmitted to the Congress only with the written concurrence of a majority of the heads of the executive departments or such other body as Congress may by law provide."

[H.J. Res. 129, 89th Cong., 1st sess.]

JOINT RESOLUTION Proposing an amendment to the Constitution of the United States to establish a Commission to determine the inability of a President to discharge the powers and duties of the office of President

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as a part of the Constitution when ratified by the legislatures of three-fourths of the several States:

"SECTION 1. In case of the removal of the President from office, or of his death or resignation, the Vice President shall become President for the unexpired portion of the then current term.

"SEC. 2. If the President shall declare in writing that he is unable to discharge the powers and duties of his office, such powers and duties shall be discharged by the individual next in line of succession to the Presidency as Acting President; after any such declaration the President shall forthwith resume the powers and duties of his office by declaring in writing that his disability has terminated. "SEC. 3. There is hereby established a Commission to be known as the President Inability Commission, hereinafter referred to as the 'Commission'. Subject to conditions contained herein, the Commission shall have tthe responsibility and authority in the manner prescribed herein to relieve the President or Acting President of the United States of his powers and duties as such, upon a determination that he is not able to discharge properly the powers and duties of the office of President, and after any such action, to restore the President or Acting President to the assumption of such powers and duties upon a determination within the same term of office that he is able to discharge properly the powers and duties of the office of President.

"SEC. 4. The Commission shall be composed of eight members as follows: "(1) The Chief Justice of the United States shall serve as Chairman of the Commission. The Chairman shall have no vote in the proceedings of the Commission except in the case of a tie.

"(2) The Senior Associate Justice of the Supreme Court of the United States. "(3) The Secretary of State.

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"(4) The Secretary of the Treasury.

"(5) The Speaker of the House of Representatives.

"(6) The leader in the House of Representatives of the political party having the second greatest number of Members of the House of Representatives.

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Presidential Inability: Hearings, Eighty-ninth Congress, First Session