What is Section 4 of the Twenty-Fifth Amendment?

The Twenty-Fifth Amendment and Removal of the President

Amendment XXV of the United States Constitution provides for the powers of the Presidency to transfer to the Vice-President in the event that the President cannot perform his duties. Section 4 of the Twenty-Fifth Amendment concerns a situation where the Vice-President and a majority of the President’s cabinet determines that the President is no longer fit to serve as President.

Amendment 25 Section 4 Begins with a Vote by the Vice President and the President’s Cabinet

To transfer powers of the Presidency to the Vice-President from the President may require several steps. The process begins when the Vice-President and a majority of the President’s cabinet determine that the President is no longer able to serve as President. If a majority of the cabinet together with the Vice-President vote that the President is no longer able to serve as President, the powers of the Presidency are transferred to the Vice-President who now is the Acting President.

There are currently 15 cabinet members (for example, the Secretary of State, Secretary of Defense, the Attorney General, etc.)

Amendment 25’s steps to transfer powers of the Presidency to the Vice-President are discussed in greater detail below.

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Text of Amendment XXV Section 4

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their 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.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his 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.

Steps to Transfer Powers to the Vice-President from the President

Step One: Vote and a Letter to Congress

If the Vice-President and the majority of the cabinet agree, they will send a letter to Congress (actually the President of the Senate and the leader of the House of Representatives) advising that the President’s powers have been transferred to the Vice-President, who is now the acting President.

Step Two: President's Response

If the President sends a letter to Congress advising that he is able to be President, then powers return to him. The Vice President is no longer the Acting President.

Step Three: Four Days to Tell Congress to Decide

After the President sends his letter to Congress, the Vice President and a majority of the cabinet have four days to send another letter to Congress advising that the President, in fact, is unable to perform his responsibilities as President. Now it is the Congress’s responsibility to vote on whether the President is fit to hold office.

Step Four: Congress Decides

After the Vice President and a majority of the cabinet again inform Congress that the President is unable to perform his responsibilities as President, Congress has 21 days to vote on this issue. If a 2/3 majority of each house of Congress (both the Senate and the House of Representatives) agree that the President is unfit, then the Vice President will continue to act as President.