The Twenty-Fifth Amendment
Its Complete History and Application, Third Edition
Publication Year: 2013
Published by: Fordham University Press
Title Page, Copyright
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Th e publication of the third edition of a book may attest to a degree of commercial success but is otherwise generally not a signifi cant event. Th at usual rule does not apply to this new edition of John D. Feerick?s work Th e Twenty- Fifth Amendment: Its Complete History and Application. Originally published in 1976 and reissued in 1992 with a lengthy new Introduction to cover subsequent developments, Th e Twenty- ...
Preface to the Th ird Edition
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It would not have been possible for me to complete this update without the enor-mous assistance of students at Fordham Law School. It is with great gratitude that I acknowledge the following students? dedication and superlative research eff orts, drafting, source checking, suggestions, and ideas: Elizabeth Bierut, Mary Kate Brennan, Ashley Feasley, Katelynn Gray, Caitlin Polus, Caroline Saucier, and ...
Ac know ledg ments from the 1992 Edition
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I wish to acknowledge my appreciation to Paul C. Fonseca, a member of the New York and New Jersey bars, and to the following students of Fordham Law School for their invaluable assistance in connection with this edition: Marcy Hillman, Henry Park, and Earl Wilson. I especially appreciate the help I received from Marcy Hillman in putting together a number of strands of information and in updating ...
Foreword to the 1976 Edition
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As this nation celebrates the two- hundredth anniversary of its birth, we should take special note of one unique feature of our great constitutional experiment. Unlike almost any other Western democracy, the United States has never been faced with a serious crisis in the line of succession to offi ce of its chief executive and head of state. Our ability to avoid such a crisis throughout much of our earlier history was, ...
Preface to the 1976 Edition
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Th is book is a sequel to my earlier book, From Failing Hands: Th e Story of Presiden-tial Succession (Fordham, 1965). Th erein, the development from 1607 to 1964 of our po liti cal and legal experiences with executive succession machinery was traced. From Failing Hands, among other things, constitutes a detailed account of presidential succession as refl ected in the deaths and illnesses of Presidents and Vice Presidents, ...
ITh e Problems
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What is the extent of the term ?disability? & who is to be the judge of it?When the framers of the Constitution met in Philadelphia in 1787, they brought with them almost two hundred years of experience with executive succession machinery.2 Yet they did not spend much time discussing the subject at the Constitutional Con-vention of 1787. Th ey seem to have thought they handled the matter adequately by ...
2Vice- Presidential Vacancy
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...[M]y country has in its wisdom contrived for me the most insignifi cant offi ce that ever the invention of man contrived or his imagination conceived. . . . I can do neither good From May 29 through September 4, 1787, the framers of the Constitution spent a considerable amount of time on the executive article.2 A consensus on a single execu-tive developed early in the Convention, but the method of selecting that executive ...
3Succession Beyond the Vice Presidency
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Mr. Burke said, that he had consulted a gentleman skilled in the doctrine of chances, who, after considering the subject, had informed him, that there was an equal chance that such a contingency would not happen more than once in eight hundred and forty As the framers debated the executive article, they realized that a vacancy could occur in the presidency during the course of a term. Indeed, they remembered situ-...
IITh e Solution
4Early Steps to Solve the Inability Problem
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We are very fortunate that this country now has a young, vigorous and obviously healthy President. Th is will allow us to explore these problems in detail without any implication that the present holder of that high offi ce is not in good health.During and immediately after the inabilities of Presidents James Garfi eld and Woodrow Wilson, proposals were introduced in Congress to combat the inability ...
5Senate Passage of S. J. Res.
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...[T]he problems of Presidential succession and Presidential inability . . . have a ringing urgency today with the tragedy of our martyred President so fresh in our memory.Following President Kennedy?s death,* there descended on Congress a fl urry of proposals dealing with the problem of presidential inability, most of which also sought to deal with the related problem of presidential succession. Th e presence of ...
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Th e provisions of these mea sures have been carefully considered and are the product of many of our fi nest constitutional and legal minds. . . . I urge the Congress to approve Th e failure of the House of Representatives to take any action in 1964 is not surpris-ing, since it was anxious not to do anything that might be interpreted as a slap at its Speaker. With the election of President Johnson and Vice President Humphrey, this ...
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Once, perhaps, we could pay the price of inaction. But today in this crisis- ridden era there is no margin for delay, no possible justifi cation for ever permitting a vacuum in our national leadership. Now, at last, through the 25th amendment, we have the means of Th e Amendment was ratifi ed by the necessary thirty- eight state legislatures on February 10, 1967, and formally proclaimed the Twenty- Fifth Amendment to the ...
8An Analysis of Sections 1, 2, 3,and 4 of the Amendment
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We had more cooks with more zeal concerned with preparing this ?broth? than any piece of proposed legislation I have ever seen in the time I have been in the Senate.In case of the removal of the President from offi ce or of his death or Th is Section specifi cally confi rms the Tyler pre ce dent whereby a Vice President becomes President when there is a vacancy in the presidential offi ce because of the ...
IIIImplementations of the Solution
Th e Resignation of Spiro T. Agnew
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It is unthinkable that this nation should have been required to endure the anguish and uncertainty of a prolonged period in which the man next in line of succession to the Presidency was fi ghting the charges brought against him by his own government.On November 7, 1972, Richard M. Nixon and Spiro T. Agnew received more pop-u lar votes for President and Vice President than any other candidates in American ...
Th e Substitution of Gerald R. Ford
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Together we have made history here today. For the fi rst time we have carried out the command of the 25th amendment. In exactly 8 weeks, we have demonstrated to the world that our great republic stands solid, stands strong upon the bedrock of the Constitution.Speculation about a new Vice President to replace Agnew began weeks before his resignation. In September 1973, in anticipation of Agnew?s resignation, three ma-...
Th e Resignation of Richard M. Nixonand Succession of Gerald R. Ford
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Fellow citizens: God reigns, and the Government at Washington still lives.Th e confi rmation of Gerald Ford as Vice President suggested to some the solution to the tangle of Watergate.2 While Agnew was next in line for the presidency it was diffi cult for many congressmen to consider removing Nixon. Moreover, during the period when the vice presidency was vacant after Agnew?s resignation, Nixon ...
Th e Installation of Nelson A. Rocke fel ler
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Th is situation is particularly unique . . . in that we have a nominee selected by a president who was himself placed on the presidential succession ladder through the provisions of the 25th Amendment. We have learned through our fi rst experience with the 25th Amendment that vice presidential nominees must be judged as we would judge a On August 6, three days before Nixon?s resignation, Melvin Laird, a close adviser ...
Th e Uses and Non- Uses of Section 3
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March 30 taught me how fragile it all is, how unanticipated events can change the course In the presidential administrations running from Ronald Reagan to George W. Bush, the inability provisions of the Twenty- Fifth Amendment were invoked, On March 30, 1981, just seventy days into his tenure, President Ronald Reagan exited the Washington Hilton Hotel after delivering a speech to the Building and ...
Continued Interest and Eff orts to Change
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As the presidency has increased in importance in American po liti cal life, politicians have sought to reshape the offi ce via the amending pro cess. But such attempts to expand, restrict, or restructure Presidential powers have been unavailing.Th e terrorist attack on the World Trade Center on September 11, 2001, was unpre ce-dented in its tragic impact on the lives of innocent Americans. It ushered in an era ...
Symposia, Scholarship, and Commissions
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.... . . Any ambiguities concerning presidential succession and any fl aws in the rules governing succession have the capacity to lead to national disaster . . . sitting in the audience during the Symposium and listening to the papers presented here, I was struck by how many gaps there are in our current system and what dangers those gaps pose. . . . Th e Twenty- Fifth Amendment has enjoyed tremendous popularity, if one is to judge ...
Repre sen ta tion of the Twenty- Fifth Amendmentin Pop u lar Culture
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Th e whole notion of the 25th Amendment is that the institution matters more than the man. Bartlet?s decision was even more self- sacrifi cing because he willingly gave power to One way of ascertaining changes that might need to be addressed in the area of presidential succession is through exploring pop u lar culture. Media, most particu-larly through theater and tele vi sion, provide a lens on what populates the collec-...
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On the brief record of the 25th Amendment, it has served the nation well under extraordi-In any appraisal of the Twenty- Fifth Amendment, one must start with the function it played in shaping the extraordinary events of 1973 and 1974. As Representative Peter W. Rodino stated at the 1975 review hearings on the Twenty- Fifth Amend-ment before the Senate Subcommittee on Constitutional Amendments:...
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In the end, in dealing with so fundamental a structure as succession to the Presidency, the best guide is the maxim if there is no need to change, there is need not to change.In early writings, fi rst for the Fordham Law Review in 1963 and 1964, and then in From Failing Hands, this author took aim at laying out ideas on the subject of presi-dential inability and the vice presidency. Before arriving at these views, I considered ...
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Page Count: 224
Illustrations: 6 b/w
Publication Year: 2013