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Provides historical background on the Twenty-fifth Amendment to the U.S. Constitution, which deals with the role of the vice president in the event the president becomes incapacitated, draws from primary and secondary sources to look at how the amendment has been tested in the courts, and examines related controversies and debates.
Undisputed as the most important synthetic work on the Twenty-Fifth Amendment, this revised edition provides the latest in legal thought regarding presidential succession. This new edition of The Twenty-Fifth Amendment: Its Complete History and Applications updates John Feerick's landmark study with the Amendment's uses in the past twenty years and how those uses (along with new legal scholarship) have changed the Amendment and perceptions of presidential disability in general. In its formulation, the Twenty-fifth Amendment was criticized as vague and undemocratic, but it has made possible swift and orderly successions to the highest offices in the U.S. government during some of the most extraordinary events in American history. The extent of its authority has been tested over the years: During the Watergate crisis, it was proposed that the Amendment might afford a means by which a president could transfer presidential power during an impeachment proceeding, and it was also suggested that the Amendment could authorize a vice president and cabinet to suspend a president during a Senate impeachment trial. Where once presidential disability was stigmatized, today a president under general anesthesia cedes presidential authority for the length of the procedure with little controversy. The Twenty-fifth Amendment is evolving rapidly, and this book is an invaluable guide for legal scholars, government decision makers, historians, political scientists, teachers, and students studying the nation's highest offices.
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
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This New York Times bestselling “deep dive into the terms of eight former presidents is chock-full of political hijinks—and déjà vu” (Vanity Fair) and provides a fascinating look at the men who came to the office without being elected to it, showing how each affected the nation and world. The strength and prestige of the American presidency has waxed and waned since George Washington. Eight men have succeeded to the presidency when the incumbent died in office. In one way or another they vastly changed our history. Only Theodore Roosevelt would have been elected in his own right. Only TR, Truman, Coolidge, and LBJ were re-elected. John Tyler succeeded William Henry Harrison who died 30 days into his term. He was kicked out of his party and became the first president threatened with impeachment. Millard Fillmore succeeded esteemed General Zachary Taylor. He immediately sacked the entire cabinet and delayed an inevitable Civil War by standing with Henry Clay’s compromise of 1850. Andrew Johnson, who succeeded our greatest president, sided with remnants of the Confederacy in Reconstruction. Chester Arthur, the embodiment of the spoils system, was so reviled as James Garfield’s successor that he had to defend himself against plotting Garfield’s assassination; but he reformed the civil service. Theodore Roosevelt broke up the trusts. Calvin Coolidge silently cooled down the Harding scandals and preserved the White House for the Republican Herbert Hoover and the Great Depression. Harry Truman surprised everybody when he succeeded the great FDR and proved an able and accomplished president. Lyndon B. Johnson was named to deliver Texas electorally. He led the nation forward on Civil Rights but failed on Vietnam. Accidental Presidents shows that “history unfolds in death as well as in life” (The Wall Street Journal) and adds immeasurably to our understanding of the power and limits of the American presidency in critical times.
A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation
Ask the average American who takes over in the event something happens to the President of the United States, and you’re likely to receive the correct answer. However, what about succession beyond the vice presidency? Fortunately, our nation has an established line of presidential succession that is meant to ensure continuity in the nation’s highest office. Unfortunately, there are several fundamental flaws in the model. This work begins by examining the fascinating history of presidential disability and succession, an issue that has impacted our nation’s highest office since the very beginning. After highlighting the reoccurring nature of this problem, it then provides an analysis of the alarming state of our current disability and succession guidelines, many of which are dangerously outdated, especially when it comes to the threat of terrorism. It then explores these flaws, specifically the glaring problems associated with including members of Congress in the line of succession. Along with questions concerning suitability and preparedness, statistics detailing the partisan composition of Congress over the last half-century illustrate that a sudden shift in party control of the presidency is not only possible, but likely. Finally, it concludes by highlighting an inherent flaw in a line of succession in which every member is located in one small area that happens to be the most attractive target for a would-be terrorist. While the issues explored in this work have been present for more than a half-century, the combination of an increased partisan divide between the executive and legislative branches, as well as the dangers of terrorist attack, combine to require immediate action. Just as the average American may be surprised to discover the Speaker of the House stands second in the line of succession, they would likely be shocked at the potential for chaos and confusion that could unfold in a battle for the presidency. Therefore, it is vitally important to address these concerns now, before they play out in front of a national audience.
The serious illness of three presidents—Woodrow Wilson, Franklin Delano Roosevelt, and John F. Kennedy—as well as the injury Ronald Reagan received in the assassination attempt upon him have revealed our woefully inadequate system for handling presidential incapacity. The authors believe that this flawed system poses a major threat to the nation, and they provide sobering reports on how the government functioned (or failed to function) during times of presidential impairment. The public was kept in the dark regarding the gravity of the presidential condition, often unaware that critical decisions were being made while the president was suffering from a severe illness. Hidden Illness in the White House contains startling new information on the severity of Roosevelt’s illness during the crucial Yalta negotiations and the fact that Kennedy suffered from Addison’s disease, a life-threatening illness, long before he was elected to the presidency. In each case the authors demonstrate that a largely successful effort was made to conceal the president’s true medical condition from the public.
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.