Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 38

Full-Text Articles in Law

House Resolution Calling On Vice President Pence To Invoke 25th Amendment, House Of Representatives. United States. Jan 2021

House Resolution Calling On Vice President Pence To Invoke 25th Amendment, House Of Representatives. United States.

Congressional Materials

Resolution approved 223-205 on January 12, 2021 by the House of Representatives calling on Vice President Michael R. Pence 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 Jun 2019

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.


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 Sep 2017

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 Apr 2017

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 Apr 2017

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.


50th Anniversary Of The Twenty-Fifth Amendment And Tribute To Birch Bayh, Joseph Donnelly Mar 2017

50th Anniversary Of The Twenty-Fifth Amendment And Tribute To Birch Bayh, Joseph Donnelly

Congressional Materials

Indiana Senator Joseph Donnelly's tribute to former Senator Birch Bayh on the Senate floor on March 28, 2017. Donnelly recognizes Senator Bayh's work on the Twenty-Fifth Amendment. From the Congressional Record.


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

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 Apr 2010

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 Apr 2010

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 Jan 2007

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 Apr 2005

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 Apr 2005

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 Nov 2004

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 And Vice Presidential Succession: Overview And Current Legislation, Thomas H. Neale, Congressional Research Service. Library Of Congress, Government And Finance Division. Library Of Congress Sep 2004

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 Feb 2004

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.


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

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.


Hearing: Temporary Filling Of House Of Representatives Vacancies During National Emergencies: Hearing On H.J. Res. 67, Subcommittee On Constitution Of The Committee On The Judiciary. House Of Representatives. United States. Feb 2002

Hearing: Temporary Filling Of House Of Representatives Vacancies During National Emergencies: Hearing On H.J. Res. 67, Subcommittee On Constitution Of The Committee On The Judiciary. House Of Representatives. United States.

Congressional Materials

House Subcommittee on the Constitution of the Judiciary Committee hearing on legislation that would allow state governors to temporarily appoint representatives to take the place of those who have died or become incapacitated when 25 percent or more of all representatives are unable to perform their duties.


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

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.


Hearing: Relating To The Death Of A President-Designate Between The General Election And Inauguration, Committee On The Judiciary. Senate. United States. Feb 1994

Hearing: Relating To The Death Of A President-Designate Between The General Election And Inauguration, Committee On The Judiciary. Senate. United States.

Congressional Materials

Senate Judiciary Committee hearing on presidential succession in the pre-inaugural period, addressing what would happen if the winning presidential and vice presidential candidates became unavailable before they were sworn into office. The following witnesses testified at the hearing: former U.S. Senator Birch Bayh; Assistant Attorney General Walter Dillinger; Federal Election Commission Chairman Trevor Potter; Yale Law School Professor Akhil Reed Amar; and Georgetown University Professor Walter Berns.


Ceremony Marking The Ratification Of The Twenty-Fifth Amendment To The Constitution, Lyndon B. Johnson Feb 1967

Ceremony Marking The Ratification Of The Twenty-Fifth Amendment To The Constitution, Lyndon B. Johnson

Executive Branch Materials

President Lyndon B. Johnson's remarks given at a ceremony marking the ratification of the 25th Amendment.


House Of Representatives Floor Debates: Presidential Inability And Vacancies In The Office Of The Vice President, United States. House Of Representatives Apr 1965

House Of Representatives Floor Debates: Presidential Inability And Vacancies In The Office Of The Vice President, United States. House Of Representatives

Congressional Materials

Discussion of House Resolution 314. Further debate on the proposed constitutional amendment regarding presidential succession and inability.


John D. Feerick To Richard Poff, John D. Feerick Feb 1965

John D. Feerick To Richard Poff, John D. Feerick

Correspondence

Letter from John D. Feerick to Representative Richard Poff, regarding language and scope of proposed amendment. Letter discusses legislative history and strategy.


Birch Bayh To John D. Feerick, Birch Bayh Mar 1964

Birch Bayh To John D. Feerick, Birch Bayh

Correspondence

Senator Birch Bayh to John Feerick, thanking Feerick for articles and his work with Congress. Handwritten post-script from Bayh.


John D. Feerick To George H. Cain, John D. Feerick Feb 1964

John D. Feerick To George H. Cain, John D. Feerick

Correspondence

Letter from John D. Feerick to George H. Cain in which Feerick thanks Cain for his report. Feerick praises the report.


Jacob K. Javits To John D. Feerick, Jacob K. Javits Jan 1964

Jacob K. Javits To John D. Feerick, Jacob K. Javits

Correspondence

Letter from Senator Jacob K. Javitz to John D. Feerick. Javitz thanks Feerick for his article and explains his proposed amendment for vice presidential succession. (This differs from the Twenty-Fifth Amendment.) Javitz also comments on the issue of presidential inability.


George M. Cain To Subcommittee On Constitutional Amendments, New York City Bar Association, George H. Cain Dec 1963

George M. Cain To Subcommittee On Constitutional Amendments, New York City Bar Association, George H. Cain

Correspondence

Letter from Subcommittee Chairman George H. Cain to members of the Subcommittee on Constitutional Amendments, New York City Bar Association. John D. Feerick was an addressee. Cain suggests his fellow members read Feerick's article and speak with Feerick on its contents. Cain suggests that the subcommittee make specific legislative recommendations.


Lyndon B. Johnson-John W. Mccormack Letter Agreement, Lyndon B. Johnson, Norbert A. Schlei, United States. Department Of Justice. Office Of Legal Counsel, United States. President (1963-1969: Johnson) Dec 1963

Lyndon B. Johnson-John W. Mccormack Letter Agreement, Lyndon B. Johnson, Norbert A. Schlei, United States. Department Of Justice. Office Of Legal Counsel, United States. President (1963-1969: Johnson)

Executive Branch Materials

Agreement between President Johnson and Speaker McCormack. Because there was no vice president following Johnson's succession, McCormack was the next official in the line of succession. Includes memorandum from United States Attorney General's Office.


John D. Feerick To Louis C. Wyman, John D. Feerick Dec 1963

John D. Feerick To Louis C. Wyman, John D. Feerick

Correspondence

Letter from John D. Feerick to Louis C. Wyman. Feerick expresses pleasure in learning Wyman's interest in resolving the question of presidential inability and succession.


Louis C. Wyman To John D. Feerick, Louis C. Wyman Dec 1963

Louis C. Wyman To John D. Feerick, Louis C. Wyman

Correspondence

Letter from Representative Louis C. Wyman to John D. Feerick. Wyman discusses the legal mechanism and procedure for declaring presidential inability contained in a recent House statute.


The Year We Had No President, Richard Hansen, Estes Kefauver Jan 1962

The Year We Had No President, Richard Hansen, Estes Kefauver

Books

Foreword by Senator Estes Kefauver. Book discusses the history of presidential inability and succession and the legal gap affecting these issues. Author Richard Hansen belonged to the American Bar Association Conference on Presidential Inability and Succession. This group helped draft the Twenty-Fifth Amendment.