Amendment XXV: Presidential Disability and Succession

Overview

The Constitutional Amendments: Beyond the Bill of Rights series provides in-depth coverage of key amendments ratified since 1791. Using both historical and contemporary primary and secondary sources-including landmark Supreme Court rulings-each volume first presents the historical background of the featured amendment, followed by an examination of how the court system has tested the validity and application of the amendment. The final chapter of each volume looks at contemporary controversies and debates ...

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Overview

The Constitutional Amendments: Beyond the Bill of Rights series provides in-depth coverage of key amendments ratified since 1791. Using both historical and contemporary primary and secondary sources-including landmark Supreme Court rulings-each volume first presents the historical background of the featured amendment, followed by an examination of how the court system has tested the validity and application of the amendment. The final chapter of each volume looks at contemporary controversies and debates surrounding the amendment and its impact on our everyday lives. All volumes in the series include an annotated table of contents; a chronology; the original text of the amendment along with a straightforward explanation of its key points; an annotated list of relevant court cases; a bibliography; and a subject index. For students and other researchers, Constitutional Amendments: Beyond the Bill of Rights illuminates the amendments and their integral, ongoing impact on American rights and responsibilities.

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Product Details

  • ISBN-13: 9780737746983
  • Publisher: Gale Cengage Learning
  • Publication date: 5/28/2010
  • Series: Constitutional Amendments
  • Format: Library Binding
  • Pages: 144
  • Product dimensions: 6.20 (w) x 9.00 (h) x 0.80 (d)

Table of Contents

Foreword 13

Amendment Text and Explanation 16

Introduction 19

Chronology 25

Chapter 1 History of the Twenty-fifth Amendment

Presidential Disability Should Be Dealt with by Law, Not Amendment of the Constitution Harry S. Truman 31

It Is Not Necessary to Amend the Constitution to Resolve Presidential Disability Questions David Fellman 37

A Constitutional Amendment Is Needed to Clarify the Vice President's Status in Case of Presidential Disability George Cochran Doub 45

The Nation Must Not Be Left Without a Vice President Richard M. Nixon 55

Congress Should Act to Amend the Constitution Regarding Executive Succession Lyndon B. Johnson 65

The Twenty-fifth Amendment Closes a Crucial Gap in Governmental Structure John P. MacKenzie 72

Chapter 2 The Twenty-fifth Amendment in Action

The Twenty-fifth Amendment Was First Used When Gerald Ford Became Vice President John D. Feerick 79

The Twenty-fifth Amendment Led to a Smooth Transfer of Power After President Nixon's Resignation John F. Lawrence 88

Nelson Rockefeller Was the Second Vice President Appointed Under the Twenty-fifth Amendment Alvin S. Felzenburg 91

The Twenty-fifth Amendment Was Not Invoked When President Ronald Reagan Was Shot: The Los Angeles Times 95

President Ronald Reagan Temporarily Transferred Power to the Vice President Before Undergoing Anesthesia Fred F. Fielding 98

President George W. Bush Invoked the Twenty-fifth Amendment Before Undergoing Anesthesia: Associated Press 104

Chapter 3 Limitations of the Twenty-fifth Amendment

The Twenty-fifth Amendment Needs Clarification in Regard to Presidential Succession Antonin Scalia 109

The Twenty-fifth Amendment's Provision for Dealing with Presidential Illness Is Inadequate Kenneth R. Crispell Carlos R Gomez 115

The Twenty-fifth Amendment Does Not Cover Possible Disability of the Vice President Akhil Reed Amar Vikram David Amar 124

It Is Not Clear Who Could Authorize Nuclear Weapons Use If the President and Vice President Were Unavailable William M. Arkin 130

The Presidential Succession Law Would Not Be Adequate After a Catastrophic Terrorist Act John Cornyn 134

Under the Twenty-fifth Amendment a President Could Be Supplanted for Political Reasons Adam R.F. Gustafson 139

Chapter 4 Solutions to Potential Problems of Presidential Succession and Disability

Congressional Leaders May Not Belong in the Line of Succession to the Presidency Thomas H. Neale 149

Recommended Changes to the Line of Succession to the Presidency: Continuity of Government Commission 156

The Line of Succession to the Presidency Should Include People Based Outside Washington M. Miller Baker 165

Presidential Disability Problems Can Be Resolved Without a New Constitutional Amendment Robert E. Gilbert 174

The Proposal to Create a Medical Advisory Commission to Determine Presidential Disability Is Fatally Flawed Robert E. Gilbert 182

Appendix

The Amendments to the U.S. Constitution 192

For Further Research 194

Index 200

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