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Acting President Of The United States

Acting President of the United States

Acting President of the United States is a temporary office in the government of the United States, established under the auspices of the Constitution of the United States, particularly its 25th Amendment (ratified in 1967).

Origin of the position: Constitution (1787)

1967 Article II, Section 1 of the Constitution tried to establish the position of Acting President, but unfortunately the clause adopted proved more confusing than clarifying:

"In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve upon the Vice President, and the Congress may by law provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected."

Questions raised

The above text raised many questions regarding the status of an Acting President, and as a result likely prevented anyone from ever assuming the position. Among the questions raised were:
- Whether the phrase "the same shall devolve upon the Vice President" referred to the office of the President, or simply its powers and responsibilities. If it meant the office, then a disabled President had no legal method of returning to power.
- What specific conditions would install the Vice President (or another officer) as Acting President. Would Congressional action be necessary to declare a President disabled, or could he declare himself incapacitated?

Presidential succession precedent

Any question regarding the Vice President succeeding to the presidency was for all intents and purposes resolved in April 1841 when John Tyler succeeded William Henry Harrison upon Harrison's death. Tyler made it clear that he was the President rather than the Vice President acting as such, and that precedent prevailed until ratification of the 25th amendment in 1967.

Presidential disability prior to 1967

The possibility of installing an Acting President was informally discussed several times prior to the ratification of the 25th amendment, but in nearly every case the Vice President (or the next in the line of succession) did not act, most likely because there was no formal process established for doing so. Some constitutional scholars feel Tyler's actions in succeeding Harrison as President were in direct conflict with the provisions of the 12th amendment, adopted in 1804, which reads in part:

And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act (emphasis added) as President, as in the case of the death or other constitutional disability of the President.

This clause proved vague, in that it was unclear what qualified as a "constitutional disability." So despite the amendment's ratification, the death, resignation, or removal from office of the President would remain the only means by which a Vice President could discharge the powers and duties of the office. Its provisions would remain untested in over a dozen situations where a President's health or other considerations might have made it prudent to have the Vice President act as President, including:
- During May, 1790, when President George Washington was temporarily debilitated due to a severe case of influenza. Many thought Washington would die, but neither he, Vice President John Adams, or the Senate attempted to invoke any effort to temporarily install Adams as Acting President, as there was no provision for such action.
- For several weeks in 1813, when President James Madison suffered from a high fever and delirium. During this time some felt he had become deranged and was unable to carry out his responsibilities - particularly troublesome in the midst of the War of 1812. Despite occurring during a period of intensive military operations, apparently no serious thought was given to removing Madison from office temporarily, perhaps in part because his Vice President, Elbridge Gerry, was in the final year of his life himself.
- During early 1818, when President James Monroe was temporarily incapacitated with malaria. Monroe recovered, and transferring power to Vice President Daniel D. Tompkins was again never considered.
- On March 4, 1849 President-elect Zachary Taylor was to be inaugurated, but he refused as it was a Sunday and did not wish to break the Sabbath. Because of this, some have argued that neither Taylor nor his Vice President Millard Fillmore had any legal authority as president. They go on to argue that, as the previous President's term had expired at noon, David Rice Atchison was Acting President for the day. Both claims are heavily disputed by historians and Constitutional scholars (see the article on Atchison for more detail).
- During the 1868 impeachment trial of President Andrew Johnson. Though ultimately acquitted, some argue he should not have been permitted to exercise his constitutional authorities during this time. With the Vice Presidency vacant during the trial, the person next in line was Senate President Pro Tempore Benjamin Franklin Wade. As Wade was one of those who sat in judgment of Johnson, a declaration of disability could have been seen as akin to an outright coup d'etat by Congress, and consequently was never considered.
- During the summer of 1881, following the July 2 shooting of President James Garfield by Charles Guiteau. Though Garfield would live 80 days after the shooting, most of this time was spent under heavy sedation and he was incapable of discharging presidential duties. Despite a widespread belief that Vice President Chester Arthur was a puppet of the Tammany Hall factions of the Republican Party, and particularly New York Senator Roscoe Conkling, Garfield's cabinet at least informally discussed scenarios under which Arthur could act as President. Again however, there being no apparatus in place and no precedent, nothing came of it.
- In 1884-1885, when Garfield's successor, Chester Arthur, was suffering the effects of the Bright's disease that would take his life less than two years after leaving office. As had been the case with Andrew Johnson before him, there was no Vice President in place to succeed, and no procedure for allowing anyone to act as President in the event that Arthur had become totally disabled.
- On June 13 and July 17, 1893, respectively, when President Grover Cleveland underwent two operations to remove (and repair damage from) a rather significantly sized cancerous tumor from his upper jaw. The operation was kept secret until 1918, well after Cleveland's death, and any plans related to his potential long-term disability, if there were any, were not documented.
- During September, 1901. Following the shooting of President William McKinley in Buffalo, New York by Leon Czolgosz on September 6, Vice President Theodore Roosevelt was summoned to Buffalo, but no action was taken to permit him to discharge McKinley's duties during his final days.
- During May, 1909, when President William Howard Taft fell ill with influenza and simultaneously suffered a family tragedy (his wife had suffered a stroke). While perhaps inconceivable today, at the time it would have been considered widely acceptable for a President to temporarily transfer power due to grief caused by an illness not his own.
- President Woodrow Wilson suffered a slight stroke on September 25, 1919. On October 2 it was followed by a massive, debilitating stroke which left him partially paralyzed and completely incapacitated. Rather than to transfer Presidential authority to Vice President Thomas Riley Marshall, Wilson's condition was hidden (to the extent that he was physically isolated) from the Vice President, the Cabinet, Congress and the public for most of the remainder of his second term. Many feel that First Lady Edith Bolling Galt Wilson was the de facto President, as she controlled access to Wilson and spoke on his behalf.
- Throughout the period from late 1943 until President Franklin Roosevelt's death on April 12, 1945. Roosevelt reportedly suffered from various life-threatening ailments, including malignant melanoma, hypertensive cardiomyopathy, severe high blood pressure, congestive heart failure and stroke-related symptoms (to which he'd eventually succumb). Henry Wallace, his Vice President for most of this period, was largely regarded by many governmental and Democratic insiders as too close to the Soviet Union and potentially a Communist sympathizer, so moving him in to any sort of Acting Presidency or co-Presidency was never seriously considered. Also, it was considered necessary for national security purposes during World War II not to show weakness to America's enemies. When Wallace was supplanted as Vice President in January, 1945 by Harry S. Truman, he was also kept unaware of Roosevelt's condition.
- During the mid-point of Dwight Eisenhower's presidency there were three instances where the president was disabled. The first of which occurred in September, 1955 when Eisenhower suffered a heart attack while on vacation. On June 8, 1956 he was hospitalized for a bowel obstruction that ultimately required surgery and incapacitated him for six days. Then on November 25, 1957, Eisenhower suffered a mild stroke that caused him to be hospitalized for three days. In each case, Vice President Richard Nixon did carry out some of Eisenhower's informal presidential responsibilities, but full presidential authority (such as signing bills into law, for example) remained solely with Eisenhower.
- In 1965, President Lyndon B. Johnson had a gallbladder operation. During the surgery & recovery, there was no move to have Vice President Hubert H. Humphrey assume presidential powers & duties.

25th Amendment

Hubert H. Humphrey was the first person to become 'Acting President' under the provision of the 25th amendment on July 13, 1985.]] The 25th amendment, ratified in 1967, clears up many of the issues which surrounded presidential succession and incapacity. Section 1 made it clear that in the event of a vacancy in the office of President, the Vice President succeeds to the office, while Section 2 established a procedure for filling Vice Presidential vacancies.

Pertinent text of the Amendment

Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President. 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.

Self-declared incapacity

Section 3 of the amendment set forth a procedure whereby a President who believes he will be temporarily unable to perform the duties of his office may declare himself "unable to discharge the powers and duties of his office." Upon this declaration, which is transmitted in writing to the Speaker of the House of Representatives and the President Pro Tempore of the Senate, the Vice President becomes Acting President. The Vice President continues to act as President until the President declares, by another letter to the leaders of each house of Congress, that he's again able to discharge the powers and duties of the presidency.

Incapacity declared by Vice President and Cabinet

Section 4 of the amendment sets forth a second procedure establishing presidential incapacity. This second method allows the Vice President, together with a majority of the members of the President's cabinet, to declare the President disabled. Upon this declaration, which is transmitted in writing to the Speaker of the House of Representatives and the President Pro Tempore of the Senate, the Vice President immediately becomes Acting President. The Vice President continues to act as President until the President declares, by another letter to the leaders of each house of Congress, that he's again able to discharge the powers and duties of the presidency. The Vice President and the cabinet may countermand that declaration, however, whereupon Congress must convene in emergency session to decide who shall discharge the powers and responsibilities of the presidency. Ostensibly to be used in the event of a President's complete mental or physical disability, this method of transferring presidential power has never been used - no doubt in part because it could appear to the American public as a "legal coup d'etat". In cases such as the 1981 assassination attempt on President Ronald Reagan however, this method of designating an Acting President could have been justified, in consideration of the fact that Reagan was literally unable to give any orders in the immediate aftermath of the shooting, prompting the Secretary of State to proclaim "I'm in charge here."

Preliminary drafts

In preliminary drafts of what ultimately became the 25th Amendment, the line of presidential succession was spelled out in great detail, including the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the existing cabinet officers. Realizing that committing such a list to the constitution could cause issues later should amending the line of succession be desirable, however, led the Congress to deliver an amendment which did not constitutionally place these officers in the succession line.

Authorities

An Acting President has identical constitutional authorities and responsibilities as the President, but does not hold the office in his own right. The 25th Amendment clearly vests an Acting President with the "powers and duties" of the office, but not the office itself. An Acting President would, however, possess the same authority and status as the President would otherwise, being able to sign bills into law, petition Congress for a declaration of war, or perform other tasks. Acting Presidents are addressed as "Mr. President" during their service. In an episode of the drama television series The West Wing it was speculated that after he leaves office the former Acting President will continue be treated with the same protocol given to all former Presidents of the United States. This cannot be proven to date, as the only Acting President to have not been himself later elected to the presidency is current Vice President Dick Cheney. Should he never succeed to the presidency, he would be the first for whom this is relevant. The likelihood in Cheney's case is remote due to his brief service, but a future Vice President who acts as President for an extended period of time may be more likely to be viewed as a former President. A matter left relatively vague is whether a Vice President is to be administered the presidential oath of office upon assuming the role of Acting President. To date the oath has not been reported to have been administered in the two instances a Vice President has acted as President, but the Presidential Succession Act of 1947 specifically designates that officers subordinate to the Vice President who act as President are to do so.

Action by others as President

Congress, acting under the powers conferred upon it by Article II, Section 1 of the United States Constitution, and by Section 3 of the 25th Amendment, has provided for cases where neither a President nor Vice President is able to "discharge the powers and duties of the office of President" via the Presidential Succession Act of 1947. While none of these officers would succeed to the presidency as would a Vice President, the provisions of Title 3, Chapter 1, Section 19 of the United States Code creates a line of succession that allows cabinet officers to act as President. The following is the currently established line of succession: #Speaker of the House of Representatives #President Pro Tempore of the Senate #Secretary of State #Secretary of the Treasury #Secretary of Defense #Attorney General #Secretary of the Interior #Secretary of Agriculture #Secretary of Commerce #Secretary of Labor #Secretary of Health and Human Services #Secretary of Housing and Urban Development #Secretary of Transportation #Secretary of Energy #Secretary of Education #Secretary of Veterans Affairs The Secretary of Homeland Security, as of 2005, is not officially part of the line of succession. To date no one other than a Vice President has acted as President.

Term of service

An Acting President serves until:
- The President transmits "his written declaration" to the Speaker of the House of Representatives and the President Pro Tempore of the Senate, declaring that his period of incapacity has ended; or,
- At the expiration of the term for which the elected President was chosen, whereupon the President-elect would take office; or,
- The death, resignation or removal of the President. In this case a Vice President acting as President would succeed to the office. Any other officer acting as President, however, would (per current federal law) serve out the remainder of the presidential term as Acting President.

History of Acting Presidents

Invocations of 25th Amendment

President Pro Tempore of the Senate, 2002.]] Only twice in American history has someone acted as President. In both cases, the self-declared incapacity method was used by a President to voluntarily transfer presidential authority to his Vice President:
- On July 13, 1985, President Ronald Reagan underwent surgery to remove cancerous polyps from his colon. Prior to undergoing surgery, he transmitted a letter to the Speaker of the House and the President pro Tempore of the Senate declaring his incapacity. Vice President George H. W. Bush then acted as President from 11:28 a.m. until 7:22 p.m., when Reagan transmitted a second letter resuming the powers and duties of the office. Text of Reagan transfer of power letters.
- On June 29, 2002, President George W. Bush declared himself temporarily unable to discharge the powers and duties of the office prior to undergoing a colonoscopy which required sedation. Vice President Dick Cheney acted as President for a little over two hours that day (from 7:09 a.m. to 9:24 a.m.), whereupon Bush transmitted a second letter advising resuming the powers and duties of the office. Text of Bush transfer of power letters. Because of the wording of letter signed by President Reagan to declare his temporary inability, in which he expressed doubts about whether his situation would fall within the scope of the 25th Amendment, some incorrectly argue that the invocation of the Amendment by him was invalid, and that no transfer of power took place. Despite the wording Reagan's intent was clear however, as:
- His to that point unprecedented action of following the provisions of Section 3 of the 25th Amendment.
- His post-presidential writings on the subject clearly stated that it was his intent to invoke the amendment.
- His chief counsel on the matter, Fred Fielding has been quoted as saying, "I personally know he (Reagan) did intend to invoke the amendment, and he conveyed that to all of his staff, and it was conveyed to the VP as well as the President of the Senate. He was also very firm in his wish not to create a precedent binding his sucessor." So while Reagan didn't wish for his particular situation to establish a precedent binding future Presidents to turning over their authority every time they underwent surgery, his intent to transfer executive authority in that instance was equally clear.

Other cases

In addition to the two instances where it was utilized, in three other cases the 'Acting President' provisions of the 25th amendment could, at least in theory, have been utilized:
- During 1972, when President Richard Nixon was hospitalized due to phlebitis. At the time no consideration was given to installing Vice President Spiro Agnew as Acting President, but the precedents set by the invocations of 1985 and 2002 leave this as a case where power could have been temporarily transferred.
- On March 30, 1981, perhaps the most perfectly suited situation for the invocation of the 'Acting President' provision occurred when President Ronald Reagan was wounded by a would-be assassin. Though Reagan was clearly seen by his staff, Cabinet members and others as incapacitated, Vice President George H. W. Bush refused to join the Cabinet in invoking the 25th amendment, feeling it would be akin to a coup d'etat. Reagan would eventually recover, but nearly a quarter century later it is widely believed by constitutional scholars that the amendment should have been invoked during Reagan's recovery period.
- In 1998, following the impeachment of President Bill Clinton and during his subsequent trial in 1999. Though Clinton was ultimately acquitted, as with Andrew Johnson before him, it could be argued that during his trial he should have been relieved of his constitutional authorities, leaving Vice President Al Gore as Acting President. See also: Acting (law)

External links

- [http://www4.law.cornell.edu/uscode/3/19.html US Code: Title 3, Chapter 1, Section 19]
- [http://www.jsonline.com/news/nat/ap/sep03/ap-presidential-su092003.asp Presidential Line of Succession Examined], September 20 2003 Category:Executive Branch of the United States Government

Government of the United States

Legislative branch

Article I of the Constitution grants all legislative powers of the federal government to the Congress, which is divided into two chambers, a Senate and a House of Representatives. The Senate is composed of two members from each state as provided by the Constitution. Its current membership is 100. Membership in the House is based on each state's population, and its size is therefore not specified in the Constitution. Its current membership is fixed by statute at 435. Members of the House and Senate are elected by first-past-the-post voting in every state except Louisiana, which has runoffs. The Constitution does not specifically call for the establishment of U.S. Congressional committees. As the nation grew, however, so did the need for investigating pending legislation more thoroughly. The 108th Congress (2003-2004) had 19 standing committees in the House and 17 in the Senate, plus four joint permanent committees with members from both houses overseeing the Library of Congress, printing, taxation, and the economy. In addition, each house can name special, or select, committees to study specific problems. Because of an increase in workload, the standing committees have also spawned some 150 subcommittees. The Congress has the responsibility to monitor and influence aspects of the executive branch. Congressional oversight prevents waste and fraud, protects civil liberties and individual rights, ensures executive compliance with the law, gathers information for making laws and educating the public, and evaluates executive performance. It applies to cabinet departments, executive agencies, regulatory commissions, and the presidency. Congress's oversight function takes many forms:
- Committee inquiries and hearings;
- Formal consultations with and reports from the President;
- Senate advice and consent for presidential nominations and for treaties;
- House impeachment proceedings and subsequent Senate trials;
- House and Senate proceedings under the 25th Amendment in the event that the President becomes disabled, or the office of the Vice President falls vacant;
- Informal meetings between legislators and executive officials;
- Congressional membership on governmental commissions;
- Studies by congressional committees and support agencies such as the Congressional Budget Office, and the Government Accountability Office, both of which are arms of Congress.

Executive branch

Article II of the Constitution establishes the Executive branch of Government.

President

The President of the United States is both the head of state and head of government, as well as the commander-in-chief of the military. The office of President of the United States is one of the most powerful offices of its kind in the world. The President, the Constitution says, must "take care that the laws be faithfully executed." To carry out this responsibility, he presides over the executive branch of the federal government, a vast organization numbering about 4 million people, including 1 million active-duty military personnel. In addition, the President has important legislative and judicial powers. Within the executive branch itself, the President has broad constitutional powers to manage national affairs and the workings of the federal government, and may issue executive orders to effect internal policies. The President may veto legislation passed by Congress; he may be impeached by a majority in the House and removed from office by a two-thirds majority in the Senate for "treason, bribery, or other high crimes and misdemeanors." The President may not dissolve Congress or call special elections, but does have the power to pardon criminals convicted of federal offences (though not crimes against a state), give executive orders, and (with the consent of the Senate) appoint Supreme Court justices and federal judges.

Vice President

The Vice President of the United States is the second-highest executive official of the United States government. As first in the presidential line of succession, the Vice President becomes the new President of the United States upon the death, resignation, or removal of the President, which has happened nine times. Beyond serving this role, the only duty required by the U.S. Constitution is that the Vice President serve as the President of the Senate, and to break any tie votes in that chamber. Informally, the Vice President serves as an advisor to the President and as a drafter and spokesperson for the administration's policy. In modern times, the Vice President has gone on to become their party's presidential nominee in the next election when the incumbent President is either unable to run again due to the two term limit established by the 22nd Amendment, or for other reasons decides not to seek a second term.

Cabinet and executive departments

The day-to-day enforcement and administration of federal laws is in the hands of the various federal executive departments, created by Congress to deal with specific areas of national and international affairs. The heads of the 15 departments, chosen by the President and approved with the "advice and consent" of the U.S. Senate, form a council of advisors generally known as the President's "Cabinet." In addition to departments, there are a number of staff organizations grouped into the Executive Office of the President. These include the White House staff, the National Security Council, the Office of Management and Budget, the Council of Economic Advisers, the Office of the U.S. Trade Representative, the Office of National Drug Control Policy and the Office of Science and Technology Policy. There is also a number of independent agencies such as the Central Intelligence Agency, the Food and Drug Administration and the Environmental Protection Agency.

White House staff

In addition, the President is advised and supported by several hundred White House political appointees, often referred to as the country's "best and brightest" because of the White House's history of attracting extremely capable and intelligent such appointees. All of these political employees serve at the pleasure of the President, which means they typically leave the White House when administrations change.

Judicial branch

Article III of the Constitution states the basis for the federal court system: "The judicial power of the United States shall be vested in one Supreme Court, and such inferior courts as the Congress may from time to time ordain and establish." The federal judiciary consists of the Supreme Court of the United States, whose nine justices are appointed for life by the President and confirmed by the Senate, and various "lower" or "inferior courts," among which are the United States courts of appeals and the United States district courts. With this guide, the first Congress divided the nation into judicial districts and created federal courts for each district. From that beginning has evolved the present structure: the Supreme Court, 13 courts of appeals, 94 district courts, and two courts of special jurisdiction. Congress today retains the power to create and abolish federal courts, as well as to determine the number of judges in the federal judiciary system. It cannot, however, abolish the Supreme Court. There are three levels of federal courts with general jurisdiction, meaning that these courts handle criminal cases and civil law suits between individuals. The other courts, such as the bankruptcy courts and the tax court, are specialized courts handling only certain kinds of cases. The bankruptcy courts are branches of the district courts, but technically are not considered part of the "Article III" judiciary because their judges are not appointed to serve during good behavior. Similarly, the tax court is not an Article III court. The United States district courts are the "trial courts" where cases are filed and decided. The United States courts of appeals are "appellate courts" that hear appeals of cases decided by the district courts, and some direct appeals from administrative agencies. The Supreme Court of the United States hears appeals from the decisions of the courts of appeals or state supreme courts (on constitutional matters), as well as having original jurisdiction over a very small number of cases. The judicial power extends to cases arising under the Constitution, an act of Congress, or a treaty of the United States; cases affecting ambassadors, ministers, and consuls of foreign countries in the United States; controversies in which the U.S. government is a party; controversies between states (or their citizens) and foreign nations (or their citizens or subjects); and bankruptcy cases. The Eleventh Amendment removed from federal jurisdiction cases in which citizens of one state were the plaintiffs and the government of another state was the defendant. It did not disturb federal jurisdiction in cases in which a state government is a plaintiff and a citizen of another state the defendant. The power of the federal courts extends both to civil actions for damages and other redress, and to criminal cases arising under federal law. Article III has resulted in a complex set of relationships between state and federal courts. Ordinarily, federal courts do not hear cases arising under the laws of individual states. However, some cases over which federal courts have jurisdiction may also be heard and decided by state courts. Both court systems thus have exclusive jurisdiction in some areas and concurrent jurisdiction in others. The Constitution safeguards judicial independence by providing that federal judges shall hold office "during good behavior". Usually they serve until they die, retire, or resign. A judge who commits an offense while in office may be impeached in the same way as the President or other officials of the federal government. U.S. judges are appointed by the President and confirmed by the Senate. Another Constitutional provision prohibits Congress from reducing the pay of any judge—Congress could enact a new lower salary applying to future judges, but not to those already serving.

References

- Constitution of the United States of America
- United States Code
- Executive Order

External links

- United States

Constitution of the United States

The Constitution of the United States is the supreme law of the United States of America. It was completed on September 17, 1787, with its adoption by the Constitutional Convention in Philadelphia, Pennsylvania, and was later ratified by special conventions in each of the original thirteen states. It created a federal union of sovereign states, and a federal government to operate that union. It replaced the less defined union that had existed under the Articles of Confederation. It took effect in 1789 and has served as a model for the constitutions of numerous other nations. nations] nations nations nations

History

During the Revolutionary War, the thirteen states first formed a very weak central government—with the Congress being its only component—under the Articles of Confederation. Congress lacked any power to impose taxes, and, because there was no national executive or judiciary, relied on state authorities (who were often uncooperative) to enforce all of its acts. It also had no authority to override tax laws and tariffs between states. The Articles required unanimous consent from all the states before they could be amended and states took the central government so lightly that their representatives were often absent. For lack of a quorum, Congress was frequently blocked from making even moderate changes. In September 1786, commissioners from five states met in the Annapolis Convention to discuss adjustments to the Articles of Confederation that would improve commerce. They invited state representatives to convene in Philadelphia to discuss improvements to the federal government. After debate, the Confederation Congress endorsed the plan to revise the Articles of Confederation on February 21, 1787. Twelve states (Rhode Island being the only exception) accepted this invitation and sent delegates to convene in May 1787. The resolution calling the Convention specified its purpose was to propose amendments to the Articles, but the Convention decided to propose a rewritten Constitution. The Philadelphia Convention voted to keep deliberations secret and decided to draft a new fundamental government design which eventually stipulated that only 9 of the 13 states would have to ratify for the new government to go into effect. These actions were criticized by some as exceeding the convention's mandate and existing law. However, Congress, noting dissatisfaction with the Articles of Confederation government, unanimously agreed to submit the proposal to the states despite what some perceived as the exceeded terms of reference. On September 17, 1787, the Constitution was completed in Philadelphia, and the new government it prescribed came into existence on March 4, 1789, after fierce fights over ratification in many of the states. The original transcribed copy of the Constitution is on permanent display at the National Archives in Washington, D.C. For a list of those who signed the Constitution, see List of signatories of the United States Constitution.

The Constitution

The U.S. Constitution styles itself the "supreme law of the land." Courts have interpreted this phrase to mean that when laws (including state constitutions) that have been passed by state legislatures, or by the (national) U.S. Congress, are found to conflict with the federal constitution, these laws are ultra vires and have no effect. Decisions by the Supreme Court over the course of two centuries have repeatedly confirmed and strengthened the doctrine of Constitutional supremacy, or the supremacy clause. supremacy clause The Constitution guarantees the legitimacy of the American state by invoking the American electorate. The people exercise authority through state actors both elected and appointed; some of these positions are provided for in the Constitution. State actors can change the fundamental law, if they wish, by amending the Constitution or, in the extreme, by drafting a new one. Different kinds of public officials have varying levels of limitations on their power. Elected officials can only continue in office if they are reelected at periodic intervals; appointed officials serve, in general, at the pleasure of the person or authority that appointed them, and may be removed at any time. The exception to this practice is the lifetime appointment by the President of Justices of the Supreme Court and other federal judges; the justification for this exception is that once appointed for life, these judges are presumed capable of acting free of political obligations or influence.

Principles of government

Although the Constitution has been amended several times since it was first adopted, its basic principles remain the same now as in 1789. There are three branches of the national government—executive, legislative, and judicial—and they are separate and distinct from one another. The powers given to each are in theory balanced and checked by the powers of the other two. Each branch ideally serves as a check on potential excesses of the others. This is known as "separation of powers", and was partly taken from the ideas of the Baron de Montesquieu. Baron de Montesquieu.]] The United States is federal in nature. Powers enumerated in the Constitution are given to the Federal Government, and all other, unenumerated, powers remain with the states or the people. (See the Tenth Amendment.) The Constitution, together with laws passed according to its provisions and treaties entered into by the president and approved by the Senate, stands above all other laws, executive acts, and regulations. Beginning with the case of Marbury v. Madison, the United States judiciary has engaged in judicial review. This means that the federal courts will examine duly enacted laws, and, if they are found to be unconstitutional, will overturn them. They also examine the acts of public officials—up to and including those of the president. (See United States v. Nixon.) Since the enactment of the Fourteenth Amendment, all persons have been equally entitled to the law's protection. All states are equal and in principle none can officially receive special treatment from the federal government. Within the limits of the Constitution, each state must recognize and respect the laws of the others. State governments, like the federal government, must be republican in form, with final legitimacy resting with the people. By means defined in the Fifth Article of the Constitution, Congress may propose amendments to the Constitution. Moreover, any two thirds of the states may themselves initiate a convention for proposing amendments. When ratified as specified, all amendments are considered part of the Constitution.

Preamble

The Preamble reads: :We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. The Preamble neither grants any powers nor inhibits any actions; it only explains the rationale behind the Constitution. The preamble, especially the first three words ("We the people"), is one of the most quoted and referenced sections of the Constitution.

Articles of the Constitution

The remainder of the constitution consists of seven articles.

Legislative power

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Article One establishes the legislative branch of government, U.S. Congress, which includes the House of Representatives and the Senate. The Article establishes the manner of election and qualifications of members of each House. In addition, it outlines legislative procedure and indicates the powers of the legislative branch. Finally, it establishes limits on federal and state legislative power.

Executive power

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Article Two describes the presidency (the executive branch): procedures for the selection of the president, qualifications for office, the oath to be affirmed, the powers and duties of the office, and procedures for selection. It also provides for the office of Vice President of the United States, and specifies that the Vice President succeeds to the presidency if the President is incapacitated or resigns. The article nominally makes the Vice President the presiding officer of the Senate, but in practice the Vice President only serves as such under limited circumstances. Article Two also provides for the impeachment and removal from office of civil officers (the President, Vice President, judges, and others). (See presidential system).

Judicial power

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Article Three describes the court system (the judicial branch), including the Supreme Court. The article requires that there be one court called the Supreme Court; Congress, at its discretion, can create lower courts, whose judgments and orders are reviewable by the Supreme Court. Article Three also requires trial by jury in all criminal cases, defines the crime of treason, and charges Congress with providing for a punishment for it, while imposing limits on that punishment.

States' powers and limits

Article Four describes the relationship between the states and the Federal government, and amongst the states. For instance, it requires states to give "full faith and credit" to the public acts, records and court proceedings of the other states. Congress is permitted to regulate the manner in which proof of such acts, records or proceedings may be admitted. The "privileges and immunities" clause prohibits state governments from discriminating against citizens of other states in favor of resident citizens (e.g., having tougher penalties for residents of Ohio convicted of crimes within Arizona). It also establishes extradition between the states, as well as laying down a legal basis for freedom of movement and travel amongst the states. Today, this provision is sometimes taken for granted, especially by citizens who live near state borders; but in the days of the Articles of Confederation, crossing state lines was often a much more arduous (and costly) process.

Process of amendment

Article Five describes the process necessary to amend the Constitution. It establishes two methods of proposing amendments: by Congress or by a national convention requested by the states. Under the first method, Congress can propose an amendment by a two-thirds vote (of a quorum, not necessarily of the entire body) of the Senate and of the House of Representatives. Under the second method, Congress must call a national convention for the purpose of considering amendments when two-thirds of the state legislatures "apply" to Congress for such a convention. Thus far, only the first method (proposal by Congress) has been used. Once proposed—whether submitted by a national convention or by Congress—amendments must then be ratified by three-fourths of the states to take effect. Article Five gives Congress the option of requiring ratification by state legislatures or by special conventions assembled in the states. The convention method of ratification has been used only once (to approve the 21st Amendment). Article Five currently places only one limitation on the amending power—that no amendment can deprive a state of its equal representation in the Senate without that state's consent.

Federal power

Article Six establishes the Constitution, and the laws and treaties of the United States made in accordance with it, to be the supreme law of the land. It also validates national debt created under the Articles of Confederation and requires that all legislators, federal officers, and judges take oaths to support the Constitution.

Ratification

Article Seven sets forth the requirements for ratification of the Constitution. The Constitution was originally proposed as an amendment of the Articles of Confederation, which required ratification by all 13 of the original states for amendments to take effect. Article Seven of the Constitution, however, only required ratification by 9 states for that document to take effect. Scholars have traditionally resolved this contradiction by arguing that when the ninth state ratified the Constitution and the document took effect, those 9 states implicitly seceded from the union governed by the Articles and created a new, separate federal union. Under this theory, those states that did not ratify the Constitution would have remained part of a separate country. However, eventually all the states did ratify the Constitution.

Provisions for amendment

The authors of the Constitution were clearly aware that changes would be necessary from time to time if the Constitution was to endure and cope with the effects of the anticipated growth of the nation. However, they were also conscious that such change should not be easy, lest it permit ill-conceived and hastily passed amendments. Balancing this, they also wanted to ensure that an overly rigid requirement of unanimity would not block action desired by the vast majority of the population. Their solution was to devise a dual process by which the Constitution could be altered. The first option must begin in Congress which, by a two-thirds vote (of a quorum) in each house, may initiate an amendment. Alternatively, the legislatures of two-thirds of the several states may ask Congress to call a national convention to discuss and draft amendments. To date, all amendments have been proposed by Congress; although state legislatures have on occasion requested the calling of a convention, no such request has yet received the concurrence required for such a convention. In either case, amendments must have the approval of the legislatures or of smaller ratifying conventions within three-fourths of the states before becoming part of the Constitution. All amendments save one have been submitted to the state legislatures for ratification; only the 21st Amendment was ratified by individual conventions in the states. Unlike most constitutions, amendments to the U.S. constitution are appended to the existing body of the text, rather than being revisions of or insertions into the main articles. There is no provision for expunging from the text obsolete or rescinded provisions. Some people feel that demographic changes in the U.S.—specifically the great disparity in population between states—have made the Constitution too difficult to amend, with states representing as little as 4% of the population theoretically able to block an amendment desired by over 90% of Americans; others feel that it is unlikely that such an extreme result would occur. However, any proposals to change this would necessarily involve amending the Constitution itself, creating something of a Catch-22. Aside from the direct process of amending the Constitution, the practical effect of its provisions may be altered by judicial decision. The United States is a common law country, and courts are obliged to follow the precedents established in prior cases. However, when a Supreme Court decision clarifies the application of a part of the Constitution to existing law, the effect is to establish the meaning of that part for all practical purposes. Not long after adoption of the Constitution, in the 1803 case of Marbury v. Madison, the Supreme Court established the doctrine of judicial review, which is the power of the Court to examine legislation and other acts of Congress and to decide their constitutionality. The doctrine also embraces the power of the Court to explain the meaning of various sections of the Constitution as they apply to particular cases brought before the Court. Since such cases will reflect changing legal, political, economic, and social conditions, this provides a mechanism, in practice, for adjusting the Constitution without needing to amend its text. Over the years, a series of Court decisions, on issues ranging from governmental regulation of radio and television to the rights of the accused in criminal cases, has effected a change in the way many Constitutional clauses are interpreted, without amendment to the actual text of the Constitution. Congressional legislation, passed to implement provisions of the Constitution or to adapt those implementations to changing conditions, also broadens and, in subtle ways, changes the meanings given to the words of the Constitution. Up to a point, the rules and regulations of the many agencies of the federal government have a similar effect. In case of objection, the test in both cases is whether, in the opinion of the courts, such legislation and rules conform with the meanings given to the words of the Constitution.

Amendments

The Constitution has a total of 27 amendments. The first ten, collectively known as the Bill of Rights, were ratified simultaneously. The following seventeen were ratified separately.

The Bill of Rights (1–10)

Bill of Rights The Bill of Rights comprises the first ten amendments to the Constitution. Those amendments were all adopted within a few years of the ratification of the Constitution, and all relate to limiting the power of the federal government. They were added in response to criticisms of the Constitution by the state ratification conventions and by prominent individuals such as Thomas Jefferson (who was not a delegate to the Constitutional Convention). These critics argued that without further restraints, the strong central government would become tyrannical. The amendments were proposed by Congress as part of a block of twelve in September 1789. By December 1791 a sufficient number of states had ratified ten of the twelve proposals, and the Bill of Rights became part of the Constitution. It is commonly understood that the Bill of Rights was not originally intended to apply to the states, though except where amendments refer specifically to the Federal Government or a branch thereof (as in the first amendment, under which some states in the early years of the nation officially established a religion), there is no such delineation in the text itself. Nevertheless, a general interpretation of inapplicability to the states remained until 1868, when the Fourteenth Amendment was passed, which stated, in part, that: :No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. The Supreme Court has interpreted this clause to extend some, but not all, parts of the Bill of Rights to the states. Nevertheless, the balance of state and federal power has remained a battle in the Supreme Court; for example, a recent case dealt with whether a state could be sued by an employee under the federal Americans with Disabilities Act of 1990 (see Federalist Society and Federalism). The amendments that became the Bill of Rights were actually the last ten of the twelve amendments proposed in 1789. The second of the twelve proposed amendments, regarding the compensation of members of Congress, remained unratified until 1992, when the legislatures of enough states finally approved it and, as a result, it became the Twenty-seventh Amendment despite more than two centuries of pendency. The first of the twelve—still technically pending before the state legislatures for ratification—pertains to the apportionment of the United States House of Representatives after each decennial census. The most recent state whose lawmakers are known to have ratified this proposal is Kentucky in 1792 during that commonwealth's first month of statehood. The first amendment addresses the rights of freedom of speech and the press; the right of peaceful assembly; and the right of petition. It also addresses freedom of religion, both in terms of prohibiting the establishment of religion and protecting the right to free exercise of religion. The second states, in its entirety, "A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed." Current case law (including U.S. Supreme Court decisions) tends to assert that the "right of the people to keep and bear Arms" is an individual right but not an absolute right, and that the states and federal government may omit certain classes of people from the general-public sense of the "militia" for cause (criminal record, young or old age, mental incapacity, etc.), and may limit the types of weapons to which the right applies. The courts have interpreted and reinterpreted the second amendment since it was ratified; the Supreme Court first visiting it in United States v. Cruikshank, in 1875. The third prohibits the government from using private homes as quarters for soldiers without the consent of the owners. The fourth guards against unreasonable searches, arrests, and seizures of property. The next four amendments deal with the system of justice. The fifth forbids trial for a major crime except after indictment by a grand jury; prohibits repeated trials for the same offense after an acquittal (except in certain very limited circumstances); forbids punishment without due process of law; and provides that an accused person may not be compelled to testify against himself. The sixth guarantees a speedy public trial for criminal offenses. It requires trial by a jury (of peers), guarantees the right to legal counsel for the accused, and guarantees that the accused may require witnesses to attend the trial and testify in the presence of the accused. The seventh assures trial by jury in civil cases involving anything valued at more than 20 U.S. dollars. The eighth forbids excessive bail or fines, and cruel and unusual punishment. The last two of the first ten amendments contain very broad statements of constitutional authority. The ninth declares that the listing of individual rights is not meant to be comprehensive; that the people have other rights not specifically mentioned in the Constitution. The tenth provides that powers the Constitution does not delegate to the United States and does not prohibit the states from having are "reserved to the States respectively, or to the people."

Subsequent amendments (11–27)

Amendments to the Constitution subsequent to the Bill of Rights cover many subjects. The majority of the seventeen later amendments stem from continued efforts to expand individual civil or political liberties, while a few are concerned with modifying the basic governmental structure drafted in Philadelphia in 1787.
- Eleventh Amendment (1795): Clarifies judicial power over foreign nationals, and limits ability of citizens to sue states in federal courts and under federal law. (Full text)
- Twelfth Amendment (1804): Changes the method of presidential elections so that members of the electoral college cast separate ballots for president and vice president. (Full text)
- Thirteenth Amendment (1865): Abolishes slavery and grants Congress power to enforce abolition. (Full text)
- Fourteenth Amendment (1868): Defines United States citizenship; prohibits states from abridging citizens' privileges or immunities and right to due process and the equal protection of the law; repeals the three-fifths compromise. (Full text)
- Fifteenth Amendment (1870): Prohibits the federal government and the states from using a citizen's race, color, or previous status as a slave as a qualification for voting. (Full text)
- Sixteenth Amendment (1913): Authorizes unapportioned federal taxes on income. (Full text)
- Seventeenth Amendment (1913): Establishes direct election of senators. (Full text)
- Eighteenth Amendment (1919): Prohibited the manufacturing, importing, and exporting of beverage alcohol. Repealed by the Twenty-First Amendment. (Full text)
- Nineteenth Amendment (1920): Prohibits the federal government and the states from using a citizen's sex as a qualification for voting. (Full text)
- Twentieth Amendment (1933): Changes details of Congressional and presidential terms and of presidential succession. (Full text)
- Twenty-first Amendment (1933): Repeals Eighteenth Amendment but permits states to retain prohibition and ban the importation of alcohol. (Full text)
- Twenty-second Amendment (1951): Limits president to two terms. (Full text)
- Twenty-third Amendment (1961): Grants presidential electors to the District of Columbia. (Full text)
- Twenty-fourth Amendment (1964): Prohibits the federal government and the states from requiring the payment of a tax as a qualification for voting for federal officials. (Full text)
- Twenty-fifth Amendment (1967): Changes details of presidential succession, provides for temporary removal of president, and provides for replacement of the vice president. (Full text)
- Twenty-sixth Amendment (1971): Prohibits the federal government and the states from using an age greater than 18 as a qualification to vote. (Full text)
- Twenty-seventh Amendment (1992): Limits congressional pay raises. (Full text) There also have been many failed attempts to amend the Constitution. There are some that are still ongoing today (See Proposals for amendments to the United States Constitution).

Unratified Amendments

Over 10,000 Constitutional amendments have been introduced in Congress since 1789; in a typical Congressional year in the last several decades, between 100 and 200 are offered. Most of these concepts never get out of Congressional committee, much less get proposed by the Congress for ratification. Backers of some amendments have attempted the alternative, and thus far never-utilized, method mentioned in Article Five. In two instances—reapportionment in the 1960s and a balanced federal budget during the 1970s and 1980s—these attempts have come within just two state legislative "applications" of triggering that alternative method. The Eighteenth Amendment is the only amendment to be directly and specifically repealed by another (the Twenty-first). The episode highlighted the importance of proposing and ratifying only the most important, and least evanescent, of amendments. Of the thirty-three amendments that have been proposed by Congress, six have failed ratification by the required three-quarters of the state legislatures—and four of those six are still technically pending before state lawmakers. Starting with the 18th amendment, each proposed amendment (except for the 19th Amendment and for the still-pending Child Labor Amendment of 1924) has specified a deadline for passage. The following are the unratified amendments:
- The Congressional Apportionment Amendment proposed by the 1st Congress on September 25, 1789, defined a formula for how many members there would be in the United States House of Representatives after each decennial census. Ratified by eleven states, the last being Kentucky in June 1792 (Kentucky's initial month of statehood), this amendment contains no expiration date for ratification. In principle it may yet be ratified, though as written it became moot when the population of the United States reached ten million.
- The so-called missing thirteenth amendment, or "Titles of Nobility Amendment" (TONA), proposed by the 11th Congress on May 1, 1810, would have ended the citizenship of any American accepting "any Title of Nobility or Honour" from any foreign power. Some scholars maintain that the amendment was actually ratified by the legislatures of enough states, and that a conspiracy has suppressed it. Known to have been ratified by lawmakers in twelve states, the last in 1812, this amendment contains no expiration date for ratification. It may yet be ratified.
- A pro-slavery proposal, known as the Corwin amendment, proposed by the 36th Congress on March 2, 1861, which would purportedly have prevented the passage of any future constitutional amendment allowing Congress to regulate "the domestic institutions" within any state. It was ratified by only Ohio and Maryland lawmakers before the outbreak of the Civil War. Illinois lawmakers—sitting as a state constitutional convention at the time—likewise approved it, but that action is of questionable validity. The proposed amendment contains no expiration date for ratification and may yet be ratified. However, adoption of the 13th, 14th, and 15th Amendments after the Civil War likely means that the amendment would be ineffective if adopted.
- A child labor amendment proposed by the 68th Congress on June 2, 1924, which stipulates: "The Congress shall have power to limit, regulate, and prohibit the labor of persons under eighteen years of age." This amendment is now moot, since subsequent federal child labor laws have uniformly been upheld as a valid exercise of Congress' powers under the commerce clause. This amendment contains no expiration date for ratification. It may yet be ratified.

Expired Amendments

Properly placed in a separate category from the other four constitutional amendments that Congress proposed to the states, but which not enough states have approved, are the following two offerings which—due to deadlines—are no longer subject to ratification.
- The Equal Rights Amendment, or ERA, which reads in pertinent part "Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex." Proposed by the 92nd Congress on March 22, 1972, it was ratified by the legislatures of 35 states, and expired on either March 22, 1979, or on June 30, 1982, depending upon one's point of view of a controversial ratification deadline three-year extension by the 95th Congress in 1978. Of the 35 states ratifying it, four later rescinded their ratifications prior to the extended ratification period which commenced March 23, 1979 and a fifth—while not going so far as to actually rescind its earlier ratification—adopted a resolution stipulating that its approval would not extend beyond March 22, 1979. There continues to be diversity of opinion as to whether such reversals are valid; no court has ruled on the question, including the Supreme Court. But a precedent against the validity of rescission was first established during the ratification process of the 14th Amendment when Ohio and New Jersey rescinded their earlier approvals, but yet were counted as ratifying states when the 14th Amendment was ultimately proclaimed part of the Constitution in 1868.
- The District of Columbia Voting Rights Amendment was proposed by the 95th Congress on August 22, 1978. Had it been ratified, it would have granted to Washington, D.C., two Senators and at least one member of the House of Representatives as though the District of Columbia were a state. Ratified by the legislatures of only 16 states—less than half of the required 38—the proposed amendment expired on August 22, 1985.

Proposals for amendments

There are currently only a few proposals for amendments which have entered mainstream political debate. These include the proposed Federal Marriage Amendment, the Balanced Budget Amendment, and the Flag-Burning Amendment.

International influences on the development of the Constitution

Flag-Burning Amendment acknowledged the debt American law and constitutionalism had to Magna Carta by erecting a monument at Runnymede, England.]] Some of the ideas embodied in the Constitution were new, but many were drawn from Classical Antiquity and the British governmental tradition of mixed government which was in practice among 12 of the 13 states and were advocated by the writings of Charles de Secondat, Baron de Montesquieu. The United States Constitution was partly based on ideas from the uncodified constitution of the United Kingdom, such as Article 39 from the Magna Carta of 1215 which states that: :No free man shall be arrested, or imprisoned, or deprived of his property, or outlawed, or exiled, or in any way destroyed, nor shall we go against him or send against him, unless by legal judgement of his peers, or by the law of the land. The English Bill of Rights (1689) also acted as a source of ideas for the United States Constitution. For example, like the English Bill of Rights, the U.S. Constitution requires jury trials, contains a right to bear arms, and prohibits excessive bail and of "cruel and unusual punishments." Liberties guaranteed by Magna Carta and the 1689 English Bill of Rights were directly incorporated into state statutes and the Virginia Declaration of Rights, and many were then further incorporated into the Constitution and the United States Bill of Rights.

International influences of the Constitution

The Constitution of the United States has also served as a model for the constitutions of numerous other nations, including the second oldest codified constitution, the May Constitution of Poland, which was written in 1791. The course and ideas of the French Revolution were also heavily influenced by the United States Constitution.

Legality of the Constitution

One historical controversy is whether the Constitution was illegally adopted. For example, historian Joseph Ellis in Founding Brothers charges that there is truth in the allegations that the: # "Convention was extralegal, since its explicit mandate was to revise the Articles of Confederation, not replace them." # "Machinery for ratification did not require the unanimous consent [as] dictated by the Articles [of Confederation] themselves." Constitutional lawyer Michael P. Farris disagrees, arguing that: # "No limits were placed on the authority of the convention to make amendments," and that the Constitution is, in effect, simply an amended version of the Articles of Confederation. # "Congress and all thirteen state legislatures approved the new ratification process as required by the Articles." Eleven states held ratification conventions (approved by their legislatures) and approved the Constitution by July 26, 1788, a direct approval of the change in procedure. The other two states' legislatures (of North Carolina and Rhode Island) also approved of the ratification process—North Carolina by holding a convention and Rhode Island by submitting the Constitution to a referendum, although they both rejected the Constitution (at first). Thus, the change in procedure was approved by all the states.

External links

National Archives

- [http://www.archives.gov/national-archives-experience/charters/constitution.html The National Archives Experience — Constitution of the United States]
- [http://www.archives.gov/national-archives-experience/charters/charters_downloads.html The National Archives Experience — High Resolution Downloads of the Charters of Freedom]
- [http://www.archives.gov/national-archives-experience/charters/constitution_transcript.html Full text of U.S. Constitution]
- [http://www.archives.gov/national-archives-experience/charters/bill_of_rights_transcript.html Full text of The Bill of Rights]
- [http://www.archives.gov/national-archives-experience/charters/constitution_amendments_11-27.html Full text of the amendments]

Official U.S. government sources

- [http://www.gpoaccess.gov/constitution/index.html Analysis and Interpretation of the Constitution of the United States]: Annotated constitution, with descriptions of important cases (official publication of U.S. Senate)
- [http://www.loc.gov/rr/program/bib/ourdocs/Constitution.html United States Constitution and related resources]: Library of Congress

Non-government web sites

- [http://www.law.cornell.edu/topics/constitutional.html Law about...the Constitution]: An overview of constitutional law from the Legal Information Institute
- [http://www.usconstitution.net The U.S. Constitution Online]: Full text of Constitution, with some history and annotation
- [http://www.usconstitution.net/constamrat.html The U.S. Constitution Online: Record of ratifications by states]
- [http://www.constitutioncenter.org/ National Constitution Center in Philadelphia]: Museum and education center
- [http://www.ericdigests.org/pre-926/constitution.htm Education on the U.S. Constitution. ERIC Digest No. 39.]: Study on the treatment of the Constitution in public education
- [http://librivox.org/the-constitution-of-the-united-states-of-america-1787/ Free audiobook] from [http://librivox.org librivox.org]
- [http://www.law.cornell.edu/anncon/ Annotated Constitution] by the Congressional Research Service of the U.S. Library of Congress(hyperlinked version published by LII)

Activist/advocacy web sites

- [http://www.smallgovtimes.com/ SmallGovTimes.com]: Site advocating small government and strict constitutional construction
- [http://www.thirty-thousand.org/ Thirty-Thousand.org]: Site advocating an increase in the size of the House of Representatives.
- [http://www.usconstitution.biz U.S. Constitution.biz]: Web site of "Free Mart Publications", offering conservative pamphlets on the Constitution
- [http://www.krusch.com/real/real2.html Krusch, Barry (2003). Would The Real First Amendment Please Stand Up?] Online book arguing that the Supreme Court's interpretation of the First Amendment has created a “virtual First Amendment" that is radically different from the true amendment.
- [http://praxeology.net/LS-NT-0.htm No Treason by Lysander Spooner] 19th century essay argues that the U.S Constitution is without authority. Constitution Constitution Constitution Category:Constitutions ja:アメリカ合衆国憲法

Twenty-fifth Amendment to the United States Constitution

Amendment XXV (the Twenty-fifth Amendment) of the United States Constitution clarifies an ambiguous provision of the Constitution regarding succession to the Presidency, and establishes procedures both for filling a vacancy in the office of the Vice President as well as responding to Presidential disabilities.

Authorship and ratification

The amendment was proposed in Congress on July 6, 1965 (House version, proposed by Rep. Emanuel Celler) and January 6, 1965 (Senate version, drafted by Sen. Birch Bayh). Hearings were held through February 19, when the Senate passed the amendment (then known as "Senate Joint Resolution 1") by a unanimous, 72-0 vote. The House passed a modified form of the amendment on April 13 by a 368-29 margin, and after a conference committee ironed out differences between the versions, on July 6, 1965 the final version of the amendment was passed by the Senate and presented to the states for ratification. Just six days after its submission, Wisconsin (by an 84-11 margin in the House and 28-0 in the state Senate) and Nebraska were the first states to ratify the amendment. On February 10, 1967, Minnesota and Nevada were the 37th and 38th states to ratify, and in a ceremony in the East Room of the White House, General Services Administrator Lawson Knott certified that the amendment was part of the United States Constitution on February 23, 1967.

Text of the Amendment

Section 1
In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
Section 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.
Section 3
Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
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.

Section one: Presidential vacancy

As originally ratified, the United States Constitution stated that in the event the office of President became vacant, "the Powers and Duties of the office shall devolve upon the Vice President." This language was somewhat ambiguous in the eyes of some: was the Vice President merely acting as President, or did he actually succeed to the office? While this question was answered by precedent when John Tyler succeeded to the office upon William Henry Harrison's death in 1841, there still remained doubts. Section 1 of the 25th amendment clarified the position: the Vice President becomes President if the presidency is vacated.

Section two: Vice Presidential vacancy

The Constitution did not provide for Vice Presidential vacancies until the 25th amendment was ratified — an omission that had been debated for over a century; the Vice Presidency was vacant due to death or resignation several times, often for years. Under the 25th amendment, whenever there is a vacancy in the office of Vice President of the United States, the President nominates a successor, who is confirmed by the majority vote of both houses of Congress. The 25th amendment is supplemented by the Presidential Succession Act of 1947, which establishes a line of succession to the powers and duties of the Presidency. Should neither the President nor Vice President be able to serve, the line of succession details what government official shall then act as President.

Sections three and four: Presidential Disability

The question of how a Presidential inability was to be ascertained was resolved by the Twenty-fifth Amendment. James Garfield was incapacitated for eighty days before dying from an assassin's bullet; a stroke rendered Woodrow Wilson an invalid for the last eighteen months of his term.

Section three: Voluntary withdrawal

The Twenty-Fifth Amendment addressed the issue by providing that the President may, by transmitting to the President pro tempore of the Senate and the Speaker of the House of Representatives a written declaration to the same effect, declare himself unable to discharge the powers and duties of his office. Until the President sends another written declaration to the aforementioned officers declaring himself able to resume office, the Vice President serves as Acting President.

Section four: Involuntary withdrawal

It is also possible for the Vice President, together with a majority of the heads of the executive departments (that is to say, members of Cabinet) or of such other body as Congress by law provides, to declare the President disabled. The provisions of section four have never been invoked. The President may resume his duties by a written declaration sent to the President pro tempore and the Speaker. If the Vice President and Cabinet, however, are still unsatisfied with the President's condition, they may within four days of the President's declaration submit another declaration that the President is incapacitated. Congress must immediately decide the issue; a two-thirds vote in each House is required to permit the Vice President to assume the Acting Presidency.

Applications of the Amendment

The 25th Amendment has been invoked five times since its ratification.

Appointment of Vice President Gerald Ford (1973)

Following Spiro Agnew's resignation three days earlier, President Richard Nixon nominated long-time Michigan congressman Gerald Ford to succeed Agnew as Vice President on October 13, 1973. The House of Representatives voted overwhelmingly (387-35) to confirm Ford, while the Senate voted 92-3 to confirm on December 6, 1973. Ford was sworn in later that day at the United States Capitol.

Succession of President Gerald Ford (1974)

President Richard Nixon resigned on August 9, 1974. In accordance with section one, which formalized the Tyler precedent, Vice President Gerald Ford succeeded to the presidency.

Appointment of Vice President Nelson Rockefeller (1974)

By becoming President, Gerald Ford left the Vice Presidency vacant. After considering Melvin Laird and George H. W. Bush, on August 20, 1974, President Ford nominated former New York Governor Nelson Rockefeller to succeed him as Vice President. After a long and contentious investigation, particularly to ensure that his family's business dealings would not cause conflicts of interest, he was confirmed (287-128 by the House, 90-7 by the Senate). He was sworn into office on December 19, 1974.

Acting President George H. W. Bush (1985)

On July 12, 1985, President Ronald Reagan underwent a colonoscopy, during which a pre-cancerous lesion called a villous adenoma was discovered. Upon being told by his physician (Dr. Edward Cattow) that he could undergo surgery immediately or in two to three weeks, Reagan elected to have it removed immediately. That afternoon, Reagan consulted with White House counsel Fred Fielding by telephone, debating whether or not to invoke the 25th amendment and if so, whether such a transfer would set an undesirable precedent. Fielding and White House Chief of Staff Donald Regan both recommended that Reagan transfer power, and two letters doing so were drafted: the first specifically referencing Section 3 of the 25th amendment, the second not. At 10:32 a.m. on July 13, Reagan signed the second letter and ordered its delivery to the appropriate officers as required under the amendment. Due to some confusing language and Reagan's failure to specifically mention Section 3 of the amendment (see Reagan transfer of power letters) in his letter, some constitutional scholars have claimed that Reagan did not actually transfer his power to Bush. However, in books such as "The President Has Been Shot: Confusion, Disability and the 25th Amendment," by Herbert Abrams, and Reagan's autobiography, "An America

Acting President of the United States

Origin of the position: Constitution (1787)

Questions raised

Presidential succession precedent

Presidential disability prior to 1967

25th Amendment

Pertinent text of the Amendment

Self-declared incapacity

Incapacity declared by Vice President and Cabinet

Preliminary drafts

Authorities

Action by others as President

Term of service

History of Acting Presidents

Invocations of 25th Amendment

Other cases

External links

Government of the United States

Legislative branch

Executive branch

President

Vice President

Cabinet and executive departments

White House staff

Judicial branch

References

See also

President

Congress

Courts

Law

Agencies

External links

Constitution of the United States

History

The Constitution

Principles of government

Preamble

Articles of the Constitution

Legislative power

Executive power

Judicial power

States' powers and limits

Process of amendment

Federal power

Ratification

Provisions for amendment

Amendments

The Bill of Rights (1–10)

Subsequent amendments (11–27)

Unratified Amendments

Expired Amendments

Proposals for amendments

International influences on the development of the Constitution

International influences of the Constitution

Legality of the Constitution

See also

General

Related documents

Related Authors

References

External links

National Archives

Official U.S. government sources

Non-government web sites

Activist/advocacy web sites

Twenty-fifth Amendment to the United States Constitution

Authorship and ratification

Text of the Amendment

Section 1

Section 2

Section 3

Section 4

Section one: Presidential vacancy

Section two: Vice Presidential vacancy

Sections three and four: Presidential Disability

Section three: Voluntary withdrawal

Section four: Involuntary withdrawal

Applications of the Amendment

Appointment of Vice President Gerald Ford (1973)