Law Commons^™

Memorandum From The Office Of Legal Counsel On Presidential Succession, Department Of Justice. Office Of Legal Counsel.

Executive Branch Materials

Department of Justice Office of Legal Counsel Memorandum on presidential succession issued during the administration of President Dwight D. Eisenhower. Roy E. Brownell II secured this document from the papers of Attorney General Herbert Brownell at the Eisenhower Presidential Library.

Letter From Vice President Pence To House Speaker Nancy Pelosi Regarding The 25th Amendment, Michael R. Pence

Executive Branch Materials

Letter from Vice President Michael R. Pence to Speaker of the House of Representatives Nancy Pelosi responding to approval by the House of a resolution calling on the Vice President to convene and mobilize the principal officers of the executive departments of the Cabinet to activate Section 4 of the 25th Amendment to declare President Donald J. Trump incapable of executing the duties of his office and to immediately exercise powers as acting President. The resolution was introduced in response to the January 6, 2021, attack on the United States Capitol.

The Twenty-Fifth Amendment: Law, History, And Recommendations For Reform, John D. Feerick, John Rogan

Miscellaneous

Handout for The Twenty-Fifth Amendment: Law, History, and Recommendations for Reform.

50 Years After The 25th Amendment: How To Improve Presidential Succession, Second Fordham University School Of Law Clinic On Presidential Succession

Reports

Pamphlet summarizing the Second Succession Clinic's recommendations.

The First 50 Years Of The 25th Amendment, Part 3, Robert F. Bauer, Arthur B. Culvahouse, John D. Feerick, Joel K. Goldstein, John C. Fortier

Joel K. Goldstein, J.D.

Part 3: The 25th Amendment, Vice Presidential Selection and Remaining Issues in Presidential Succession. Speakers: Robert F. Bauer, Partner, Perkins Coie LLP; White House Counsel, 2010-2011; Arthur B. Culvahouse, Partner, O’Melveny & Myers LLP; White House Counsel, 1987-89; John D. Feerick, Norris Professor of Law, Fordham Law School; Joel K. Goldstein, Vincent C. Immel Professor, Saint Louis University School of Law. Moderator: John C. Fortier, Director of the Democracy Project at the Bipartisan Policy Center.

Bipartisan Policy Center in Washington, D.C., May 10, 2017. Co-sponsored by the Bipartisan Policy Center, Fordham University School of Law and the Standing Committee on …

Continuity In The Presidency: Gaps And Solution—Building On The Legacy Of The Twenty-Fifth Amendment, Part 2, Roy E. Brownwell Iii, Joel K. Goldstein, Rose Mcdermott, John Rogan

Joel K. Goldstein, J.D.

Panel 1: Recommendations of Fordham University School of Law’s Second Presidential Succession Clinic. Panelists: Roy E. Brownell II, Washington, D.C. attorney; Joel K. Goldstein, Vincent C. Immel Professor of Law, St. Louis University School of Law; Rose McDermott, David and Mariana Fisher University Professor of International Relations, Brown University. Moderator: John Rogan, Adjunct Professor, Fordham Law School.

Fordham University School of Law, September 27, 2017. Co-sponsored by the Feerick Center for Social Justice, Fordham Law Review, Standing Committee on Election Law of the American Bar Association, and the Bipartisan Policy Center.

Clinic Students: Naomi Babu, Class of 2017;Timothy Deal, Class …

Continuity In The Presidency: Gaps And Solution—Building On The Legacy Of The Twenty-Fifth Amendment, Part 5, John Feerick, Joel K. Goldstein, Rebecca Lubot, Lowell Beck, Jason Berman, Linda Klein

Joel K. Goldstein, J.D.

Panel 2: Crafting the Twenty-Fifth Amendment. Participants: John D. Feerick, Norris Professor of Law, Fordham Law School; Joel K. Goldstein, Vincent C. Immel Professor of Law, St. Louis University School of Law; Rebecca Lubot, Lecturer, Rutgers University; Lowell Beck, former Assistant Director of ABA’s Washington, D.C. office; Jason Berman, legislative aide and chief of staff to former Senator Birch Bayh. Moderator: Linda Klein, Immediate Past President of the American Bar Association.

Fordham University School of Law, September 27, 2017. Co-sponsored by the Feerick Center for Social Justice, Fordham Law Review, Standing Committee on Election Law of the American Bar Association, …

Presidential Succession And Disability: Marking The 50th Anniversary Of The 25th Amendment, John D. Feerick, Joel K. Goldstein, John Rogan, Robert J. Reilly

Joel K. Goldstein, J.D.

Discussion with Dean John Feerick and Joel Goldstein (St. Louis University School of Law), Fordham University School of Law, February 3, 2017. This event marked the fiftieth anniversary of the Twenty-Fifth Amendment's ratification. Moderated by John Rogan. Introduction by Dean Robert Reilly. Program of the Twenty-Fifth Amendment Series.

Symposium: The Adequacy Of The Presidential Succession System In The 21st Century, Part 3, Joel K. Goldstein, John D. Feerick, Benton Becker, James E. Fleming, Birch Bayh, Robert J. Kaczorowski

Joel K. Goldstein, J.D.

Symposium. Panel: Joel K. Goldstein, Dean John D. Feerick, Benton Becker, James E. Fleming, and Senator Birch Bayh. Moderated by Robert Kaczorowski. Fordham University School of Law, April 16, 2010. Aired on C-SPAN.

The Twenty-Fifth Amendment To The United States Constitution: A Reader's Guide, Yale Law School Rule Of Law Clinic

Reports

Historic overview and analysis of presidential succession coupled with findings of the law clinic.

Continuity In The Presidency: Gaps And Solutions Building On The Legacy Of The 25th Amendment, Fordham Law School, Feerick Center For Social Justice, Fordham Law Review

Miscellaneous

Program for the symposium "Continuity in the Presidency: Gaps and Solutions Building on the Legacy of the 25th Amendment."

Strengthening And Clarifying The 25th Amendment Act Of 2017, United States. House Of Representatives

Proposed Presidential Succession Legislation

A proposed bill to provide for an alternative body to transmit a written declaration that the President is unable to discharge the powers and duties of his office in accordance with the provisions of the 25th Amendment.

Oversight Commission On Presidential Capacity Act, United States. House Of Representatives

Proposed Presidential Succession Legislation

A prooposed bill to establish an Oversight Commission on Presidential Capacity in the legislative branch. This commission would be used to determine whether the President is mentally or physically unable to discharge the powers and duties of office.

Past Reform Recommendations On Presidential Succession, John Rogan

Reports

Summary of reports on presidential succession with hyperlinks. These reports all follow the passage and implementation of the Twenty-Fifth Amendment.

Burden Of Decision: Judging Presidential Disability Under The Twenty-Fifth Amendment, Daniel J.T. Schuker

Daniel Schuker

This Article offers a new approach to understanding, classifying, and assessing cases of presidential disability. In constitutional terms, “presidential disability” refers to any condition that renders the President of the United States “unable to discharge the powers and duties” of the office. Remarkably, the existing legal infrastructure under the Twenty-Fifth Amendment provides no guidance for determining when a President has become constitutionally disabled. Nor does it explain when the President (under Section 3) should initiate the succession process, and when the Vice President and other senior officials (under Section 4) should take the lead instead. During crises of presidential disability, …

Presidential Succession Act Of 2010, United States. House Of Representatives

Proposed Presidential Succession Legislation

A proposed bill to allow the President to submit a presidential succession list. The individual next in line after the President and Vice President would be either the Speaker of the House, the Majority Leader of the House, or the Minority Leader of the House (or the Speaker until the President submits such name). If that individual is unable to serve, the next in line would be either the Majority Leader of the Senate, the President Pro Tempore of the Senate, or the Minority Leader of the Senate (or the Majority Leader of the Senate until the President submits such …

The Adequacy Of The Presidential Succession System In The 21st Century: Filling The Gaps And Clarifying The Ambiguities In Constitutional And Extraconstitutional Arrangements, Fordham Law School, Fordham Law Review

Miscellaneous

Program for the Adequacy of the Presidential Succession System in the 21st Century: Filling the Gaps and Clarifying the Ambiguities in Constitutional and Extraconstitutional Arrangements.

The Adequacy Of The Presidential Succession System In The 21st Century: Filling The Gaps And Clarifying The Ambiguities In Constitutional And Extraconstitutional Arrangements, Fordham Law Review, American Constitution Center, Federalist Society

Miscellanea

Program for The Adequacy of the Presidential Succession System in the 21st Century symposium, Fordham University School of Law, April 16-17, 2010.

Presidential Succession Act Of 2007, United States. House Of Representatives

Proposed Presidential Succession Legislation

A proposed bill that modifies the presidential succession list to include, following the Secretary of Homeland Security, the Ambassador to the United Nations, the Ambassador to Great Britain, the Ambassador to Russia, the Ambassador to China, and the Ambassador to France.

Presidential Succession Act Of 2005, United States. House Of Representatives

Proposed Presidential Succession Legislation

A proposed bill to modify the presidential succession list after the Secretary of Veterans Affairs. The list would include the Secretary of Homeland Security, the Ambassador to the United Nations, the Ambassador to Great Britain, the Ambassador to Russia, the Ambassador to China, and the Ambassador to France.

Presidential Succession Act Of 2005, United States. Senate

Proposed Presidential Succession Legislation

A proposed bill to modify the presidential succession list after the Secretary of Veterans Affairs. The list would include the Secretary of Homeland Security, the Ambassador to the United Nations, the Ambassador to Great Britain, the Ambassador to Russia, the Ambassador to China, and the Ambassador to France.

Presidential Succession Act Of 2004, United States. House Of Representatives

Proposed Presidential Succession Legislation

A proposed bill to modify the presidential succession list after the Secretary of Veterans Affairs. The list would include the Secretary of Homeland Security and selected U.S. Ambassadors.

Presidential Succession Act: Hearing Before The Subcommittee On The Constitution Of The House Committee On The Judiciary, 108th Congress, Subcommittee On The Constitution; Committee On The Judiciary. House Of Representatives. United States.

Congressional Materials

Examines the need for changes to the Presidential Succession Act which governs the transfer of power in the event that there is a simultaneous vacancy in the office of the presidency and the vice presidency.

Presidential And Vice Presidential Succession: Overview And Current Legislation, Thomas H. Neale, Congressional Research Service. Library Of Congress, Government And Finance Division. Library Of Congress

Congressional Materials

Review of legislative history of Presidential and Vice Presidential succession.

Presidential Succession Act Of 2004, United States. Senate

Proposed Presidential Succession Legislation

A proposed bill to remove members of Congress from the line of Presidential succession, which places the Secretary of State first in line in the event the President and Vice President are unable to serve. This proposed bill also adds the Secretary of Homeland Security to the line of succession immediately following the Attorney General.

Ensuring The Continuity Of The United States Government: The Presidency: Joint Hearing Before The Committee On The Judiciary And Committee On Rules And Administration, Senate, 108th Congress, Subcommittee On Constitutional Amendments; Committee On The Judiciary. Senate. United States.

Congressional Materials

Examines concerns about the Presidential Succession Act and proposals to revise procedures for a transfer of power in case of vacancies in the offices of President and Vice President.

Presidential Succession Act Of 2003, United States. House Of Representatives

Proposed Presidential Succession Legislation

A proposed bill to enable the President to select a successor in the case that both the President and Vice President are unable to serve. This proposed bill requires the President to submit the presidential succession list, with either the Speaker of the House of Representatives or the office of the Minority Leader of the House as the office designated as the highest on the presidential succession list and either the Office of the Majority Leader of the Senate or the office of the Minority Leader of the Senate as next highest on the list.

Presidential And Vice Presidential Succession: Overview And Current Legislation, Thomas H. Neale, Congressional Research Service. Library Of Congress, Government And Finance Division. Library Of Congress

Congressional Materials

Reviews legislative history of presidential and vice presidential succession.

Presidential Succession Act Of 2002, United States. House Of Representatives

Proposed Presidential Succession Legislation

A proposed bill to allow the President to designate the office of Speaker of the House of Representatives or Minority Leader of the House as the office that would discharge the duties of President if the President and Vice President are unable. The President would also select either the office of Majority Leader of the Senate or Minority Leader of the Senate as the office to assume the role of President following the inability of the previous individual. The Acting President must resign from his or her position in Congress.

Vice Presidential Vacancies: Congressional Procedures In The Ford And Rockefeller Nominations, Congressional Research Service. Library Of Congress, Government And Finance Division. Library Of Congress

Congressional Materials

This report was issued approximately a month and a half before the impeachment proceedings against President Clinton. If Clinton had been impeached and removed, the Twenty-Fifth Amendment would have been used to fill the vice presidential vacancy.