The original Constitution contains no stipulation for replacing a vice president, and in the case of the "Removal, Death, Resignation or Inability, both of the President and Vice President," Congress determined the order of succession. The Twenty-Fifth Amendment (1967) declared that if there were no vice president, the president would nominate, and a majority vote by both houses of Congress would confirm, a new vice president.
Gerald Ford had been a friend and supporter of Richard Nixon since the two had entered Congress, and they were both members of the Chowder and Marching Club, a conservative strategy group. Nixon had first offered Ford the vice presidential spot in 1968. After Spiro Agnew resigned, Nixon nominated Ford, who was confirmed by the House, 387-35, and the Senate, 92-3. Ford was sworn in as the fortieth vice president of the United States on December 6, 1973.