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Symposium: Erie At Eighty: Choice Of Law Across The Disciplines: Erie As A Way Of Life, Ernest A. Young
Symposium: Erie At Eighty: Choice Of Law Across The Disciplines: Erie As A Way Of Life, Ernest A. Young
ConLawNOW
This essay—presented as the keynote address to the University of Akron School of Law’s conference on “Erie at 80”—considers the impact of the Supreme Court’s decision in Erie Railroad Co. v. Tompkins on the broader landscape of American law. I begin with Erie’s contribution to our modern, positivist understanding of the nature of law. That understanding, however, is under threat from pervasive tendencies, on both the political Left and Right, to collapse the distinction between law as a set of positivist choices adopted by government and law as the principles that we think are just, right, and true. …
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: 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 …