The Twenty-fifth Amendment: Its Complete History and Applications

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Fordham Univ Press, 1992 - Law - 274 pages
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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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Contents

Presidential Inability
3
Vice Presidential Vacancy
27
Succession Beyond the Vice Presidency
35
The Solution
49
Early Steps to Solve the Inability Problem
51
Senate Passage of S J Res 139
59
Congress Acts
83
Ratification
111
An Appraisal
213
Recommendations
233
Appendices
241
SectionbySection Development of the TwentyFifth Amendment
243
Constitutional Provisions on Succession
248
Statutory Succession Laws
251
Presidential Vacancies
254
Vice Presidential Vacancies
255

First Implementations of the Solution
115
The Resignation of Spiro T Agnew
117
The Substitution of Gerald R Ford
129
The Resignation of Richard M Nixon and Succession of Gerald R Ford
153
The Installation of Nelson A Rockefeller
163
An Evaluation
191
An Analysis of Sections 1 2 3 and 4 of the Amendment
193
Times During Which the Speaker the President pro tempore or Both Were from a Party Different from the Presidents
256
Republican Party Procedure
258
Democratic Party Procedure
259
Bibliography
261
Index
269
About the Author
275
Copyright

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Page xvi - House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

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About the author (1992)


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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