What is the 45th Amendment of the United States?

While this is a common question, there is no 45th amendment of the United States constitution. There are 33 amendments passed by congress, but only 27 have been ratified, meaning they are yet to be officially added to the constitution. 

The 25th amendment was commonly searched during the term of the 45th president of the United States which is where some of the confusion may have come from. 

What is the 25th Amendment?

The 25th amendment was ratified in 1967 (though it had passed in 1965) it was created as a contingency plan in case a president dies or becomes disabled while in office. This amendment has four sections which are laid out as follows:

  1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
  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.
  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.
  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 has 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.

What is the United States Constitution?

The United States Constitution is often referred to as a ‘living document’ that grows and changes as a society moves forward.” (Per Find Law)

The first 10 amendments on the constitution are known as the Bill of Rights. The Bill of Rights contains things we are most cognizant of such as freedom of religion, freedom of speech and freedom of the press. This ensures the protection of individuals from interference by the government. 

The constitution was ratified in 1788 and the Bill of Rights was passed in 1789. The constitution has been amended twenty-seven times.

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