What happens to the presidency when a president dies in office? The Twenty-fifth Amendment answered this question by clarifying the order of succession if a president – or vice president - dies, is removed, or resigns before his term is over.
The 25th Amendment states:
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.
The 25th Amendment also explains what to do if a president becomes disabled and cannot perform the responsibilities of the office. If the vice president and the cabinet agree the president is unable to fulfill his duties, the vice president can assume the position of acting president.
Eight US presidents have died in office: William Henry Harrison of natural causes on April 4, 1841; Zachary Taylor of natural causes on Jul 9, 1850; Abraham Lincoln from an assassination on Apr 14, 1865; James A. Garfield from an assassination on Sep 19, 1881; William McKinley from an assassination on Sep 14, 1901; Warren Harding of natural causes on Aug 2, 1923; Franklin D. Roosevelt of natural causes on Apr 12, 1945; and John F. Kennedy from an assassination on Nov 22, 1963.
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