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Full-Text Articles in Law
Memorandum From The Office Of Legal Counsel On Presidential Succession, Department Of Justice. Office Of Legal Counsel.
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.
House Resolution Calling On Vice President Pence To Invoke 25th Amendment, House Of Representatives. United States.
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.
Letter From Vice President Pence To House Speaker Nancy Pelosi Regarding The 25th Amendment, Michael R. Pence
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
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
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 Twenty-Fifth Amendment To The United States Constitution: A Reader's Guide, Yale Law School Rule Of Law Clinic
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
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
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
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
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.
Past Reform Recommendations On Presidential Succession, John Rogan
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.
Ensuring The Stability Of Presidential Succession In The Modern Era: Report Of The Fordham University School Of Law Clinic On Presidential Succession, Fordham Law School Clinic On Presidential Succession
Ensuring The Stability Of Presidential Succession In The Modern Era: Report Of The Fordham University School Of Law Clinic On Presidential Succession, Fordham Law School Clinic On Presidential Succession
Reports
This Report outlines the recommendations of Fordham Law's first Presidential Succession Clinic, whose nine students conducted their work during the 2010-2011 academic year under the guidance of Dean John D. Feerick and Adjunct Professors Dora Galacatos and Nicole A. Gordon. Their recommendations for resolving the gaps and weaknesses in the presidential succession system include: (1) statutes and executive branch actions to account for the absence of procedures for declaring the Vice President unable; (2) removing legislators from the line of succession and resolving ambiguities regarding the line of the succession; and (3) reforms for addressing the death or resignation of …
Presidential Succession Act Of 2010, United States. House Of Representatives
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
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
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.
Response To Akhil Reed Amar's Address On Applications And Implications Of The Twenty-Fifth Amendment, John D. Feerick
Response To Akhil Reed Amar's Address On Applications And Implications Of The Twenty-Fifth Amendment, John D. Feerick
Faculty Scholarship
Life has taught those of us who have lived as long as I have that the seemingly impossible can happen and that we must be prepared to deal with the unimaginable on a moment's notice. In October 1963, I wrote an article for the Fordham Law Review in which I contemplated the need for such preparations should the unimaginable indeed strike: "The problem of presidential inability has now been generally forgotten by our national legislators as well as by the public. Since we have a young, able and healthy President, all indications are that the issue will remain dormant until …
Presidential Succession Act Of 2007, United States. House Of Representatives
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
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
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
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.
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
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
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.
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
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
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.
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.
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
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
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.
Twenty-Fifth Amendment: An Explanation And Defense, The, John D. Feerick
Twenty-Fifth Amendment: An Explanation And Defense, The, John D. Feerick
Faculty Scholarship
In this article, Dean Feerick reviews the history of presidential succession before the Twenty-fifth Amendment's ratification, the debate and discussion leading to the amendment's adoption, and current criticisms of the amendment from the medical and political community. In particular, Feerick addresses current suggestions for the creation of an independent medical panel to determine presidential inability. He argues that such a panel would be contrary to both the principle of separation of powers and the philosophy of the Twenty-fifth Amendment that those closest to the President ,and those accountable to the public, should be entrusted with the power to declare a …