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Symposium: 50 Years With The 25th Amendment: The Role Of The White House Counsel In The Twenty-Fifth Amendment: Advising On Presidential Disability, Nancy Kassop
ConLawNOW
This article examines the role of the White House Counsel in counseling and advising the President and administration about the provisions of the Twenty-fifth Amendment providing for removal of the President when the President is unable to perform the duties of office. Throughout the amendment's history, presidents and their advisors have been reluctant to formally invoke it, fearing that a public admission of "disability" will weaken a president's political influence. The White House Counsel must often navigate between the legal and constitutional requirements of the amendment, on the one hand, and considerations of a President's continued political viability, on the …
Symposium: 50 Years With The 25th Amendment: The Twenty-Fifth Amendment: Its Crafting And Drafting Process, John D. Feerick
Symposium: 50 Years With The 25th Amendment: The Twenty-Fifth Amendment: Its Crafting And Drafting Process, John D. Feerick
ConLawNOW
The Twenty-fifth Amendment’s development occurred over a period of ten years, from 1955 to 1965. This historic effort addressed questions raised but not answered at the Constitutional Convention of 1787 as to what constitutes “presidential inability” and who is authorized to determine its existence. This article is a response to the enormous interest in the amendment that has emerged between 2017 and 2019. Many accounts of what the amendment provided for and what was intended by its language appeared in the media and writings during this period. The article takes the reader through the step by step development of the …
Symposium: 50 Years With The 25th Amendment: Celebrating The Presidential Inability Provisions Of The Twenty-Fifth Amendment, Joel K. Goldstein
Symposium: 50 Years With The 25th Amendment: Celebrating The Presidential Inability Provisions Of The Twenty-Fifth Amendment, Joel K. Goldstein
ConLawNOW
The presidential inability provisions of the Twenty-fifth Amendment to the United States Constitution represent an important contribution to ensuring presidential continuity. The framers of the Amendment responded in a thoughtful and effective way to a series of problems which history had disclosed which had made past officials reluctant to transfer presidential powers even from clearly disabled presidents. Adoption of the Amendment represented an impressive legislative accomplishment. The presidential inability provisions provide clear, workable and reasonable procedures which allow government officials to handle a range of scenarios involving presidential incapacity.
Symposium: 50 Years With The 25th Amendment: Section Four Of The Twenty-Fifth Amendment: Easy Cases And Tough Calls, Brian C. Kalt
Symposium: 50 Years With The 25th Amendment: Section Four Of The Twenty-Fifth Amendment: Easy Cases And Tough Calls, Brian C. Kalt
ConLawNOW
Section 4 of the Twenty-fifth Amendment transfers presidential power to the Vice President when the President is "unable to discharge the powers and duties of his office." The ambiguity of the term "unable" suggests that a wide variety of situations might be covered by Section 4. But Section 4's defining characteristic is not the textual meaning of "unable," it is the structure that Section 4's framers created, which effectively limits Section 4 to a much narrower range of uses. The structure makes it simple to strip a President of his power when he cannot object, and it makes it hard …