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25th Amendment

Text of 25th Amendment to the U.S. Constitution

Assembly Concurrent Resolution No. 55


State of New Jersey


 

A CONCURRENT RESOLUTION ratifying proposed amendment to the Constitution of the United States providing for Presidential succession and inability.

WHEREAS, By a resolution of the Congress of the United States, entitled “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,” passed by the Congress at the first session of the Eighty-Ninth Congress, the following article was proposed as an amendment to the Constitution of the United States:

“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. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives [pg. 1]



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.

“Sec. 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.”

therefore,

BE IT RESOLVED by the General Assembly of the State of New Jersey (the Senate concurring): [pg. 2]


1. That the Legislature of the State of New Jersey, on behalf of the State of New Jersey, does hereby ratify the proposed amendment to the Constitution of the United States, which is set forth in a resolution of the Congress entitled “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,” passed during the first session of the Eighty-Ninth Congress of the United States, and which is reproduced in the preamble to this concurrent resolution.

2. That the Secretary of State of the State of New Jersey be and he is hereby directed to notify the Secretary of State of the United States of the action taken by the Legislature of the State of New Jersey with respect to said proposed amendment to the Constitution of the United States. [pg. 3]


GENERAL ASSEMBLY No. A.C.R. 55

GENERAL ASSEMBLY,

November 29, 1965.

This bill having been three times read in the General Assembly,

RESOLVED, That the same do pass.

By order of the General Assembly.

Marion West Higgins, Speaker of the General Assembly  

SENATE,

November 29, 1965.

This bill having been three times read and compared in the Senate,

RESOLVED, That the same do pass.

By order of the Senate.

Charles W. Sandman, Jr., President of the Senate   [pg. 4]


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