Vice President of the United States the Twenty-fifth Amendment established a procedure for filling such a vacancy: This procedure has been implemented twice since the amendment came into force. The first instance occurred in 1973 following the October 10 resignation of Spiro Agnew, when Gerald Ford was nominated by President Richard Nixon and confirmed by Congress. The second occurred 10 months later following Ford's August 9, 1974 accession to the presidency upon Nixon's resignation, when Nelson Rockefeller was nominated by President Ford and confirmed by Congress. Had it not been for this new constitutional mechanism, the vice presidency would have remained vacant after Agnew's resignation and
Spiro Agnew indicted and met with Speaker of the House Carl Albert on September 25, asking for an investigation. He cited as precedent an 1826 House investigation of Vice President John C. Calhoun, who was alleged to have taken improper payments while a cabinet member. Albert, second in line to the presidency under Agnew, responded that it would be improper for the House to act in a matter before the courts. Agnew also filed a motion to block any indictment on the grounds that he had been prejudiced by improper leaks from the Justice Department, and tried to rally public opinion, giving