The Twenty-Fifth Amendment: Its Complete History and Application

Overview


This book focuses on the Twenty-Fifth Amendment - its meaning, legislative history, and applications. The Amendment has been criticized for being vague and undemocratic. It has been praised for making possible swift and orderly successions to the presidency and vice presidency upon the occurence of some of the most extraordinary events in American history. Its vice presidential selection feature has been recommended as the best method for selecting all Vice Presidents. The repeal of that feature and the ...
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Overview


This book focuses on the Twenty-Fifth Amendment - its meaning, legislative history, and applications. The Amendment has been criticized for being vague and undemocratic. It has been praised for making possible swift and orderly successions to the presidency and vice presidency upon the occurence of some of the most extraordinary events in American history. Its vice presidential selection feature has been recommended as the best method for selecting all Vice Presidents. The repeal of that feature and the abolition of the vice presidency have also been suggested. Moreover, throughout the Watergate crisis the Amendment was alluded to as affording a means by which a President could transfer Presidential power during an impeachment proceeding, and it was suggested as authorizing a Vice President and Cabinetto suspend, so to speak, a President during the period of impeachment trial before the Senate. Judging by all the attention the Amendment has received and by the number of presidential and vice presidential vacancies and illness which have occurred in our history, one can expect that the Twenty-Fifth Amendment will receive frequent application in the future of our country.
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Editorial Reviews

Booknews
A slightly revised version of the 1976 edition with a new introduction (20 pp.) and some updating of the appendices. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

  • ISBN-13: 9780823213733
  • Publisher: Fordham University Press
  • Publication date: 1/1/1992
  • Edition description: REVISED
  • Edition number: 2
  • Pages: 274
  • Product dimensions: 8.90 (w) x 6.00 (h) x 0.90 (d)

Meet the Author

John D. Feerick is Dean of the School of Law, Fordham University. In 1963 he was a member of the American Bar Association Conference on Presidential Inability and Vice Presidenial Vacancy, the recommendations which resulted in the Twenty-Fifth Amendment to the United States Constitution. John D. Feerick recently (1987-1990) served as Chairman of the New York State Commission on Government Integrity, the collected reports of which were published by Fordham University Press (1991) title Government Ethics Reform in the 1990's.

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Table of Contents

Introduction to the 1992 Edition
Acknowledgments
Foreword
Preface
I The Problems
1 Presidential Inability 3
2 Vice Presidential Vacancy 27
3 Succession Beyond the Vice Presidency 35
II The Solution
4 Early Steps to Solve the Inability Problem 51
5 Senate Passage of S. J. Res. 139 59
6 Congress Acts 83
7 Ratification 111
III First Implementations of the Solution
8 The Resignation of Spiro T. Agnew 117
9 The Substitution of Gerald R. Ford 129
10 The Resignation of Richard M. Nixon and Succession of Gerald R. Ford 153
11 The Installation of Nelson A. Rockefeller 163
IV An Evaluation
12 An Analysis of Sections 1, 2, 3, and 4 of the Amendment 193
13 An Appraisal 213
14 Recommendations 233
App. A: Section-by-Section Development of the Twenty-Fifth Amendment 243
App. B: Constitutional Provisions on Succession 248
App. C: Statutory Succession Laws 251
App. D: Presidential Vacancies 254
Vice Presidential Vacancies 255
App. E: Times During Which the Speaker, the President pro tempore, or Both Were from a Party Different from the President's 256
App. F: Republican Party Procedure 258
App. G: Democratic Party Procedure 259
Bibliography 261
Index 269
About the Author 275
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