Bill 328

                    Current Status

Bill Number:               328
Ratification Number:       108
Act Number                 63
Introducing Body:          Senate
Subject:                   Relating to presidential succession and
                           inability to perform the duties of the
                           office

(A63, R108, S328)

A JOINT RESOLUTION TO RATIFY THE TWENTY-FIFTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES RELATING TO PRESIDENTIAL SUCCESSION AND INABILITY TO PERFORM THE DUTIES OF THE OFFICE.

Whereas, on July 6, 1965, the Congress of the United States proposed Article XXV as an amendment to the Constitution of the United States; and

Whereas, Article XXV reads as follows:

"ARTICLE XXV

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."; and

Whereas, on February 23, 1967, this amendment was declared ratified after a sufficient number of states had approved ratification; and

Whereas, the State of South Carolina to date has not ratified this amendment; and

Whereas, it is therefore the purpose of this resolution to add South Carolina's name to the list of States which have ratified the Twenty-fifth Amendment of the United States Constitution. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

Amendment ratified

SECTION 1. The Twenty-fifth Amendment to the Constitution of the United States relating to Presidential succession and inability to perform the duties of the office is ratified. Certified copies of this resolution must be forwarded to the Secretary of State of the United States, to the President of the United States Senate, and to the Speaker of the House of Representatives of the United States.