Congressional conference report on the inability and succession of the Vice President.https://ir.lawnet.fordham.edu/twentyfifth_amendment_congressional_materials/1022/thumbnail.jp

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United States, House of Representatives

Fordham University School of Law

Fordham Law SchoolFLASH: The Fordham Law Archive of Scholarship and HistoryCongressional Materials Congressional Materials6-30-1965Presidential Inability and Vacanies in the Office ofthe Vice PresidentHouse of Representatives. United StatesFollow this and additional works at: https://ir.lawnet.fordham.edu/twentyfifth_amendment_congressional_materialsPart of the Law CommonsThis Book is brought to you for free and open access by the Congressional Materials at FLASH: The Fordham Law Archive of Scholarship and History.It has been accepted for inclusion in Congressional Materials by an authorized administrator of FLASH: The Fordham Law Archive of Scholarship andHistory. For more information, please contact tmelnick@law.fordham.edu.Recommended CitationHouse of Representatives. United States, "Presidential Inability and Vacanies in the Office of the Vice President" (1965). CongressionalMaterials. 23.https://ir.lawnet.fordham.edu/twentyfifth_amendment_congressional_materials/2389TH CoNGRFl)S } HOUSE OF REPRESENTA'£IVES { 1st Session RJ~PoR·r No. 5{i4 PRESIDENTIAL INABILITY AND VACANCIES IN THE OFFICE 01!' THE V[CE PRESIDENT JUNE 30, 1!)6;j.--Ordcrcd to be printed :\Ir. ()mLLEH, from the cormnit lee of eonl'cren<'e, submitted the following CONPERENCE REPORT [To acrompn.ny S.J. Res. 1] The cunnnitt.ee of confererw0 on the di-;ngn'eing yo(('s of thr two Hou"e" on the amendment. of tho House to 'tlw jo'int resolution (S.,J. H<>s. 1) proposing nn amcndnwnt to the C'on,.-titution of tho U11ited Stat<':' r·elati ng to sucecssion to the Prcsid eney n rrd Vice- Pre"idency ancl to cases where the President i;.; unable to diseharl2:e the powrrs and duties of his oflice, having met, ufter full nnd fr<'e cnnkrence, ha v<' ng:n~ed to reeommend and do n•<·omwcnd to t hPir rc;.;ped i ve House,--ns follows: That the Senn te recede from its disagreement to th<' amendment of the H ottse and agr<•e to the R!unc with ·an nmendnH'Il t as follows: ln lieu of the matter propm-~ed t.o be inserted by the House lUll•~nd­ment insPrt the following: 1'/,at t:ie.follml'1~llfl article 1.8 ]Jroposed aN an amendment to thr C,,ns6tu-tion 1d thr United /:)ales, v:!.J~ch shall be ralirl to all ir.tents anrl purposes a.s part •d the Oonstihttion whrm rat~fied by thr lr~·i:<lahirt'" of threejo1rtls 1d tltf srl'fral Staff.~ 1citl,iu seren ?Jffll'-' .fi'om the date 1:f 1ts s11bncission by ti'" ('onf;ress: "SnTIO.V 1. In rase of the relil01'111 of the l'resirll'llf iro111 uf,fice or of hi« death or resignntion, the F1'ce J>rcsid1;111 s/.nil brr·om;· l'rP.,-i,felll. · ",'-,'r:c. 2. H 'h enevfl' f !.ere is a mea It I'!/ in t hf' ojfice ~~(the 1 'icc l'resz'dent, the l're.,idcnt .<hall rwminafe a ~'ice l'rfsirlnd v~ho .~hall tal·e 1!fl1rc 'II]Jon corrfinoation by a. majority rote 1J both Ifr,u.,cs 1d ('r,,l[lN8.'. "SEC·. S. H'heMrer the ]>resident tra/l.~rru'fs to the l're8ident pro tempare oj thf S'enate and the S'peakrr of thr llu?l8e <d HeJ,resentatil'f!ol hi.'! 11 rill en declaration thnt he £s ?Jrtable to discharge the po1Cer8 mtd duti~s 1d h£8 1!{ji.Cf, a11d wdil he transmit.~ to them a 1rritten dcclaratirm to the contrary, 2 PHESIDE:\TIAL !:'\ABILITY such powers and duties shall be 1h"srhargerl by the Fice President as Acting President. "SRc. 4. TF!teneuer the Fire President and a maJority 1d edher the prin-cipal officers of the eucuti1•e departments or of snch other body n8 ('ongress. may bylwtD procidc, transmit to the President pro tempore of the .\'e11ate and the Speakfl' td the llonsc 1d Representat·ices their u;ritten declaration that the Presi,leut ?· . .,. unable to 1h:scharr,r tf.e powers awl duties: 1d his office, the 1 'ia Prl'.~ide11t shall immrdiately as8ume the powers and dutirs of the office a8 .-lctinq President. "Thereafter, when the Pres1:dent transmits to the President pro tempore o.f the Senafp and the Speaker of the llouse 1(/ llepresentatiw; his written declaration that no 1:nability exists, he shall resume the powers and duties 1!{ his 1![jiee u.nless thr lyice l'rrsident and a m1~jon:ty rd either tlie principal 11fficers ~((the c.recutil'e department or 1d s?tclt ofhrr body as Congress m.ay by la.w pro ride, transmit within fm.tr rlays to the l'residod pro tempore of the Senate and the Speaker of the llm1se rd Hepre8entatices their wrdten declaraf?'nn that the J>Ns1:dent is unable to (h'scharye the powers and duties of h·is office. Thereupon Congress shall dfcide the issue, assnnhling within forty-eight hours for that 1mrposc d not in session. If the C'on-!Jress, un:thin twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, witldn twenty-one days after ('ongress is requ.ired to assemble, determines by two-thirds vote of both Houses that the President is unable to discharrfe the po1cers a.nd duties 1d his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall rcsnme the powers and duties of his offtee." And the House agree to the same. EMANUEL 0ELLEU, BnwN G. RoGEJtK, JA:vu~s C. OmnrA:--<, 'VrLLIAM .:\L McCuLLOCH, RrcnAnn~H. PoFF, lHa.nagers on the Part (d the House. BIRcH E. BAYH, Jr., JAMES 0. EASTLAND, SAM J. ERVIN, Jr., EvERETT M. DIRKSEN, RoMAN L. HRusKA, Managers on the Part of the Senate. S'L\.TK\m:\T OF THE~ :\L\.~AGKRS ON THE PART OF Tlm HOUSE The lltnnager~ on the pnrt of the Hou~e nt the <'onfen•twe ort the disagreeing Yote~ of thP two Hou:-;es on the atliCtHhnent of the llou"e to the bilf (S .. J. Res. 1) proposing nn Hf11PJH]lllent to tht• ( 'onslilntiDtl of the United States rPbting to sucee:-;:,ion to the Pre,.idcncy and Vice-l'residrnev nnd tu cn"c" \VII('re the Pn•siden t j, nnn hlP to dis<~lni ro·e the poWPr~ ntHi dntie,.; of his of!ice, snlHnit till' followille!: -.t:di'Illl'lll Tn explanation of thr ell"ect of the llttioii agn···d upon by tlte coni'P!"<'(',.; lllld l'('('OllllllelUied in the ;I('(:OlllJlHII.\·ing ('Ollfl'I"('JI!'(' l'PflOI'(: The Honse nnssed Ilon"e .Toint l{P~o!tttion 1 n11d t ll('ll Sllbstitat!'d the pro,·isions.it lLHI adopted hy ~triking- o11t. nll :d'ter the enn!'~ing­clnuse and ithertillg all of ib prm·i,.;ioa,.; in SeJt:ill' ,Joint H(•,.;,,Jntio•l 1. The SenatP in:<istcd npon ih \t'rsion atHlrP<[Il("'led a t'onl'••n•nr·e; the Hou,.;c then ngrerd to the r·ollft>n'!H'C. The confvn'iW<~ rq)OrL rpt <>Ill-mends tltat the Senate recede frollt it,; disa::rePiltent to t!w ll<•;i,.,e tllllCtHllltPnt and ng-ree to tltt> snn1e willt an l;llH'tHllltPnt, llw :ttllC:!d-l!H'Ilt heill).!; to in,.;pr( i11 liC'tl of the matter ithertPd IJ\· the II''''"C Hill<'IHitn<'ttt the nwttPr agrt•t•d to hv the eortferi'P" :;nd that the HtJIJ.-<e ag-ree thPI't~ttt. · · Itt stth~tniH'f', the eonferent·e report contains ,.;til),.;t:ttltially the l·tugltng-e of the l£<,:ts(' arncndJitPnt. wit.h a few m.:cepti:>J:s. Seet.iom; l and 2 of the proposed t'Ottstit.ntio!lal :t.lll<'tttlnwlll \H';·e not, in dic-·agreemenl. Hm,·e,er, in st•ctions :; and 4, t!te SPilillr pro\·i<ie<l that. the trn!I,.;Jililtal of the notification of a l'rc:-;ident's inahilit v l1<' to the President. of the Sennt.e and the Speaker of tl1e llottst• of ·H!'pre-sentatives. The Iluuse \·er,.;itlll pro\·idctl tlu\1, the tr:tll'-Hiit tal h~· to the President. pro IPrnpore of the Senate and thP SpPakPr of tht> li<•li:-'C of ReprPst'ntatin~s. The eouferetH'e report. provides !hut the tr:;tt,.;-mit.tal ht> to t.he President pro tempore of tlw SPnate and the Spe .. ker of t.he li tJII~e of R<·pn•sen tat i n•s. Tn teetiou :~,the Senate prm·itlt•d that nfLPr receipt of the PresidPnl ·~ written dedara( ion of hi,.; inabilit.v that. :<u!'h powers and dutit>s Wo\lld then be dischargerl by the Vice l'rf•siclent ns Acting Pre,,id en t. Tiw House n•r,;ion JH'ovided the same pnl\'ision exl'epL it. add(•d the <'b itse "und until he transmits a written drdaration to the eontrnn·". The conference report. adopts t.he Ilou,.;e lnnguagP with otw mitH~r l'ltange for purposes of elarificat.ion by adding the phrase "I·•) tlwm", mentting the President. pro tempore of the Senate and the Speaker of the Houc-;e. The first. pnntgt·aplt of ,.;(•,•.tion 4, outside of adopt.illfl: the l:ulgunge of the House designating the ret·.ipien t of the let.(Pr of tra nsmi tt :tl he the President pro tempore of the Senate and the Speaker of the I I ou,.;e of Representatives, minor change in language was made for pur'po,.;ps of elarifieation. In the Senate version there was a specific seet.ion; namely, sretion ;), dealing with the procedure that when tiJC President sent to the Con-gress his written declaration tlmt he was no longer disubled he enuld resume the powers and duties of his office unless the Vice President 3 4 PRESID:Kt\TIAL IXABILITY nnd a majority of the principal offieers of the executive departments, or ~urh other body as the Congress might by lnw provide, transmit within 7 days to the designated ofiieers of the Congress their written dednmtion that the President is unable t.o discharge the powers and · duties of his office. Thereupon, the Congress would immediately pro-ceed to decide the issue. It further proYided that if the Congress detennines hv two-thirds vote of both Houses that the President is unnhle to dis(·hnrge the powers and duties of his office, the Vice Presi-dent would continue to discharge the same ns Acting President; other-wise. the President would resume the powers and duties of his offiee. The House version combined sections 4 and 5 into one section, now sec lion 4. Under the House version, the Vice President had 2 days in whieh to decide whether or not to send a letter stating that he and a majority of the oflieers of the exeru tive departments, or sue h other body ns Congress may by law provide, that the President is unable to discharge the powers and duties of his oflire. The conference report proYides that the period of time for the transmittal of the letter must be within 4 davs. The Senate provision did not provide for the convening of the Con-gress to decide this issue if it \\"HS not in session; the House provided that the Congn'ss must con...-ene for this speeifie purpose of deciding the issue wit.hin 48 hours after the receipt of the written declarution that the President is still disabled. The conference report adopts the lnngu age of the House. The Senate fH·ovision placed no time limit1ttion on the Congress for determining whether or not the President was still disn hled. The Hmt"e version JH·ovided that determination by t.he Congrpss must be mn<lP within 10 d1tys after the reeeipt of the written declaration of the Vice President. 1111<l n Hutjot·ity of the principal offieer:'l of the executive departments, or such other body as ( 'ong:ress mny by law provide. The conference report adopts the principle of limiting the period of time within which the Congress m'\tst determine the issue, nnd while the Hmtse original version was 10 days and the Senate version an Hnlimited period of time, the report requires a fimtl deter-milllttion within 21 days. The 21-day period., if the Congress is in session, runs from the date of receipt of the letter. It further provides that if the Congress is not in session the 21-day period runs from the time that the Congress eonvenes. A Yote of less than two-thirds by either House would immediately authorize the President to assume the powers and duties of his office. E:viANUEL CELLER, BYRON G. RoGERs, JAMEs C. CoRMAN, WILLIAM M. McCuLLOCH, RICHARD H. PoFF, Managers on the Part of the Hmtse. 0 

Presidential Inability and Vacanies in the Office of the Vice President

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Presidential Inability and Vacanies in the Office of the Vice President

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