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February 10

25th Amendment of United States Constitution Ratified (1967)


On February 10, 1967, Minnesota and Nevada ratified the 25th Amendment to the US Constitution and gave the amendment the majority of state votes required to make it law. The 25th Amendment deals with Presidential and Vice Presidential succession.

Prior to the passing of the 25th Amendment, Presidential succession was determined by Article II, Section 1, Clause 6 of the Constitution. The problem with this Article was the ambiguous wording, particularly regarding situations in which the President dies, resigns, is removed from office, or cannot properly act as president. Under Article II, Section 1, Clause 6, it was unclear if the Vice President would become the President, or if he would only be an "acting President."

This ambiguity had caused problems several times in the past, most notably in 1841 when President William Henry Harrison became the first U.S. President to die in office. Vice President John Tyler controversially asserted that he had succeeded to the office of President, as opposed to only obtaining its powers and duties.

Two proposals were made to rectify these problems, but only one went on to become the 25th Amendment on February 10, 1967. In January 1965, Senator Birch Bayh and Representative Emanuel Celler proposed what would become the 25th Amendment.

Today, the 25th Amendment still holds that if a President dies, resigns, or is removed from office, the Vice President immediately become President. The Amendment also provides for Vice Presidential vacancies, in which the President nominates a successor who must be approved by Congress. The 25th Amendment has been invoked six times since its inception.


Sources:
caselaw.lp.findlaw.com
US Constitution