Presidential Succession

Outlining the Constitution’s aspirations for the Senate in a presidential impeachment trial. Discussing former Attorney General Herbert Brownell’s idea of constitutional morality as he presented it in the analogous context of presidential inability. Discussing the drafts of the proposed Twenty-Fifth Amendment and citing the legislative history.

Discussing the Twenty-Fifth Amendment’s history and purpose, as well as its drafting history. Describing the mechanics of the Amendment and how all of its parts work together. Analyzing the extent to which the Amendment has been seriously discussed and how it should be contemporaneously applied.

Discussing Section 4 of the Twenty-Fifth Amendment in detail. Arguing that it provides a means for the vice president and cabinet to transfer presidential power–but not the office of the presidency–to the vice president in the case of presidential inability. Discussing the history and purpose behind the Amendment to argue that it was often misunderstood during the Trump era.

Arguing that the history of the vice presidency offers an important example of how constitutional institutions should change in ways different from how originalism suggests. Discussing how the office of the vice president has evolved from what the founders intended it to be, especially because it has moved away from the Legislative and to the Executive Branch.

Arguing that the Twenty-Fifth Amendment remedied some of the most problematic issues with presidential succession. Pointing to the Twenty-Fifth Amendment’s ratification as offering lessons about how to achieve meaningful reform for presidential continuity. Citing the drafters of the Amendment to discuss their views on the “continuity of executive authority” and other goals of the Amendment.

Discussing the history of presidential succession prior to the ratification of the Twenty-Fifth Amendment. Also analyzing the ratification of the Amendment, the impact of President Kennedy’s death, and the American Bar Association conference that developed recommendations for the Amendment.

Exploring what constitutes “presidential inability.” Arguing that the structure and context of the Twenty-Fifth Amendment, along with its legislative history, suggest two categories of inability based on the two separate “unable to discharge” clauses within the Amendment.

Discussing critiques levied by those in the medical community concerning whether the Twenty-Fifth Amendment gives them a role in determining presidential inability. Reviewing the history of presidential succession prior to the Amendment’s ratification and exploring the debates that led to its adoption to defend its place in the constitutional scheme.

Arguing that a proposed presidential succession statute placing the Speaker of the House and President Pro Tempore of the Senate first and second in line (if there isn’t a president or vice president) is unconstitutional. Arguing that the Twenty-Fifth Amendment bolsters this construction of the succession clause as defining “officer” more narrowly to not include legislators themselves.

Written by the principal congressional author and sponsor of the Twenty-Fifth Amendment. Reviewing the constitutional provisions, including the Twenty-Fifth Amendment, that refer to presidential disability. Looking also to what the Amendment’s framers intended and why.

Analyzing the history behind the proposed Twenty-Fifth Amendment, describing its various drafts and the legislative debates over them, and analyzing the Amendment’s provisions.