What Was the Original Reason for the 25th Amendment?

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The 25th Amendment has been in the news a lot recently. As this year marks the 50th anniversary of its ratification, let’s explore each section of this oft-discussed amendment and what led us there.

SECTION 1: “IN CASE OF THE REMOVAL OF THE PRESIDENT FROM OFFICE OR OF HIS DEATH OR RESIGNATION, THE VICE PRESIDENT SHALL BECOME PRESIDENT”

First, a question: How many presidents have there been? Some say 45, others will remember Grover Cleveland’s nonconsecutive terms and say 44. Less well known is that there was a very serious question following William Henry Harrison’s death in 1841: Was John Tyler now president?

The Constitution specifies that the duties of the presidency shall “devolve on the Vice President” but does not specify that the actual title (or, among other things, the salary increase) goes to the VP. As the Senate was debating the issue after Harrison’s death, Senator Benjamin Tappan of Ohio made the analogy that “If a colonel was shot in battle, the next officer in rank took command of the regiment, but he did not thereby become a colonel.”

John TylerPublic Domain, Wikimedia Commons

Another senator, referring to Tyler, attempted to strike out the word “president” in a procedural document and replace it with “the Vice President, on whom, by the death of the late President, the powers and duties of the office of President have devolved.” The measure was struck down 38-8. Tyler would ultimately fully assert that he was the president in duties as well as title, which created a precedent that lasted for more than 120 years. But it was just precedent, and some later presidents in similar situations—especially Millard Fillmore—were still labeled “Acting President” until the 25th Amendment finally specified, “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”

America has gone through a few different succession crises, but it was the assassination of John F. Kennedy amidst the backdrop of the Cold War that demonstrated the need for a permanent vice president.

After Kennedy’s assassination, there were concerns about each member of the line of succession. New president Lyndon Johnson had had a heart attack in 1955; if something were to happen to him, the speaker of the house was in his 70s and the president pro tempore was in his 80s. Alongside lingering concerns about Dwight Eisenhower’s health issues, congress decided that the line of succession needed to be more robust than it was.

Lyndon B. JohnsonBy Arnold Newman, White House Press Office (WHPO), Public Domain, Wikimedia Commons

As Indiana Senator Birch Bayh, one of the key forces behind the amendment, said, “The accelerated pace of international affairs, plus the overwhelming problems of modern military security, make it almost imperative that we change our system to provide for not only a President but a Vice President at all times … [the Vice President] must, in fact, be something of an ‘assistant President’” who can keep track of the national and international scene and understand what’s going on with the executive branch.

So as part of the 25th Amendment, the president was given the power to fill a vacant office of the vice president, subject to votes in both houses of congress.

SECTIONS 3 AND 4: “WHENEVER THE PRESIDENT TRANSMITS … HIS WRITTEN DECLARATION THAT HE IS UNABLE TO DISCHARGE THE POWERS AND DUTIES OF OFFICE … SUCH POWERS AND DUTIES SHALL BE DISCHARGED BY THE VICE PRESIDENT AS ACTING PRESIDENT” AND “WHENEVER THE VICE PRESIDENT AND A MAJORITY OF EITHER THE PRINCIPAL OFFICERS OF THE EXECUTIVE DEPARTMENTS TRANSMIT … 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"

Dwight D. Eisenhower suffered multiple health scares during his presidency. During one of them, he realized that the circumstances for replacing a president with the vice president permanently was clear, but what if the president was only temporarily incapacitated?

The first time America was faced with this issue was James Garfield. For the 80 days that he was president but unable to serve as such, there was confusion about what Vice President Chester Arthur should do. If Arthur became acting president, would the Tyler Precedent mean that if Garfield recovered he’d be unable to reclaim the presidency? Arthur was concerned this was the case, and he would be viewed as having effectively staged a coup (not helped by Garfield's assassin having said “Arthur is President now”). Anyway, who would make the decision that Garfield was incapacitated and—more importantly—fully recovered?

By Otis Historical Archives Nat'l Museum of Health & Medicine - NCP 001861, CC BY 2.0, Wikimedia Commons

Arthur chose not to assume presidential responsibilities [PDF] and Garfield did die, so severe Constitutional questions were avoided, but later leaders would recognize that hope was not a valid plan.

After his 1955 heart attack, Eisenhower instructed Attorney General Herbert Brownell Jr. to explore a Constitutional amendment that would allow the vice president to be acting president until the president was able to say that he could resume the task. In the case of a president deciding that they were able to reclaim the presidency despite not really being able to, Brownell initially proposed impeachment. Eventually, the 25th Amendment specified that if the vice president and cabinet disagreed with the president, the issue would go to congress.

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A New Ruth Bader Ginsburg Bobblehead Is Available for Pre-Order

The National Bobblehead Hall of Fame and Museum
The National Bobblehead Hall of Fame and Museum

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The late Ruth Bader Ginsburg was a devout champion for feminism and civil rights, and her influence stretched from the halls of the Supreme Court to the forefront of popular culture, where she affectionately became known as the Notorious RBG. Though there are plenty of public tributes planned for Ginsburg in the wake of her passing, the National Bobblehead Hall of Fame and Museum has a new RBG bobblehead ($25) available for pre-order so you can honor her in your own home.

There are two versions of the bobblehead available, one of Ginsburg smiling and another with a more serious expression. Not only do the bobbleheads feature her in her Supreme Court black robe, but eagle-eyed fans will see she is wearing one for her iconic coded collars and her classic earrings.

RBG is far from the only American icon bobblehead that the Hall of Fame store has produced in such minute detail. They also have bobbleheads of Abraham Lincoln ($30), Theodore Roosevelt ($30), Alexander Hamilton ($30), and dozens of others.

For more information on the RBG bobblehead, head here. Shipments will hopefully be sent out by December 2020 while supplies last.

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Why Is My Turkey Wearing Frilly Paper Hats On Its Legs?

All dressed up and nowhere to go.
All dressed up and nowhere to go.
Matt Cottam via Flickr // CC BY-NC-ND 2.0

Donning a chef’s hat while you cook Thanksgiving dinner is one thing, but sticking a tiny one on the end of each crispy turkey leg seems like it might be taking the holiday a bit too far.

Over the years, these traditional paper coverings have been called many creative names, including turkey frills, turkey booties, and even turkey panties. And while they’ve fallen out of fashion in recent decades, they originally served a very specific purpose. According to 19th-century writer John Cordy Jeaffreson, paper trimmings gained popularity in the 17th century as a way for women to keep their hands clean while they carved meat.

“To preserve the cleanness of her fingers, the same covering was put on those parts of joints which the carver usually touched with the left hand, whilst the right made play with the shining blade,” he explained in A Book About the Table in 1875. “The paper-frill which may still be seen round the bony point and small end of a leg of mutton, is a memorial of the fashion in which joints were dressed for the dainty hands of lady-carvers, in time prior to the introduction of the carving-fork.”

When etiquette books started encouraging "lady-carvers" to use carving forks, the paper didn’t become obsolete—it just got frillier. During the 19th and 20th centuries, chop frills were a cute and classy way to conceal the unsightly leg bones of roast turkey, lamb, chicken, or any other bird. “Dress up any leggy food with them for parties or the children’s birthdays,” Iowa’s Kossuth County Advance wrote in 1951. “They will be thrilled.”

If you’d like to dress up a leggy food or two this Thanksgiving, here are some instructions for making your own chop frills, courtesy of HuffPost.

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