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The Twenty-Fifth Amendment - Its Complete History and Applications
In 1919, as negotiations to form the Lease of Nations were in progress after the conclusion of the First World War, Woodrow Wilson, the 28th president of the United States suffered a stroke that partly paralyzed him. For a year and a half Wilson was basically incapacitated - weak, and barely able to communicate. The postwar world was being shaped and the nation was in domestic turmoil, plagued by major social unrest with widespread riots, lynchings, and demonstrations. Yet for six months almost no one was permitted to see the secluded president; demands that the public be informed of the true state of his health were ignored. In the absence of disclosure, rumors multiplied. Only Wilson's wife, doctor, and private secretary had access to him and knew what was really happening; this clique kept Congress, the cabinet, and even the vice president in the dark, completely controlling the flow of information. The cabinet's desperate attempt to install the vice president as leader of the nation and to shape policy was stymied; for 18 months the business of the U.S. government came to a virtual standstill. In effect, the executive branch was being run by three unelected individuals. The crisis ended only with a change in administration at the conclusion of Wilson's second term. Throughout this alarming situation debate had raged over what to do. The Constitution in it s original text said a president could be removed for "inability," but was vague on who should determine that status and by what criteria. Wilson's incapacitation was only the most spectacular of many similar episodes, which are largely unfamiliar to the general public. The Twenty-fifth Amendment was ratified in 1967 to address these ambiguous situations. The book is your guide to the legal meaning and historical context for this important Constitutional tool- and the only tool available, other than impeachment, to remove a sitting president from power.
424 pages, Hardcover
First published January 1, 1975
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Displaying 1 - 5 of 5 reviews
November 28, 2019
This book is a very thorough exposition of the Twenty-Fifth Amendment to the Constitution, which is the Amendment that deals with issues related to presidential succession and disability. It clarifies that the vice president becomes president (as opposed to acting president) if the president dies, resigns, or is removed from office; and establishes procedures for filling a vacancy in the office of the vice president and for responding to presidential disabilities. I very much enjoyed reading this book, which is now in its third edition.
On October 2nd, 1919, President Woodrow Wilson suffered a severe debilitating stroke; only his wife, doctor, and private secretary had access to the President, and until the end of his presidential term in 1920 the country essentially did not have a President. The need for some sort of amendment regarding presidential succession and disability was thrown into sharp relief by the assassination of President John F. Kennedy (it is possible that the assassin's bullet could have, instead of killing the President, left him alive but incapacitated to a major degree). Congress debated the issue, and the states ratified the Twenty-Fifth Amendment in 1967. In less than ten years the country was faced with first, the resignation of a vice-president and second, with the resignation of the president; the Twenty-Fifth Amendment provided a template for the country to follow during this constitutional crisis.
This book will tell the reader just about anything needful to know about the Amendment; why it was deemed necessary, how it was crafted in Congress, and the times that various parts of it have been put into effect (i.e., when Presidents are going under anesthesia for medical procedures). I found most illuminating a comment about the Senate and House hearings: "At various times in the debates and hearings of 1964 and 1965, it was made clear that unpopularity, incompetence, impeachable conduct, poor judgement, and laziness do not constitute an "inability" without the meaning of the Amendment." And I very much enjoyed reading this book.
On October 2nd, 1919, President Woodrow Wilson suffered a severe debilitating stroke; only his wife, doctor, and private secretary had access to the President, and until the end of his presidential term in 1920 the country essentially did not have a President. The need for some sort of amendment regarding presidential succession and disability was thrown into sharp relief by the assassination of President John F. Kennedy (it is possible that the assassin's bullet could have, instead of killing the President, left him alive but incapacitated to a major degree). Congress debated the issue, and the states ratified the Twenty-Fifth Amendment in 1967. In less than ten years the country was faced with first, the resignation of a vice-president and second, with the resignation of the president; the Twenty-Fifth Amendment provided a template for the country to follow during this constitutional crisis.
This book will tell the reader just about anything needful to know about the Amendment; why it was deemed necessary, how it was crafted in Congress, and the times that various parts of it have been put into effect (i.e., when Presidents are going under anesthesia for medical procedures). I found most illuminating a comment about the Senate and House hearings: "At various times in the debates and hearings of 1964 and 1965, it was made clear that unpopularity, incompetence, impeachable conduct, poor judgement, and laziness do not constitute an "inability" without the meaning of the Amendment." And I very much enjoyed reading this book.
December 17, 2018
This book is an in-depth and very complete look at the 25th Amendment on Presidential and Vice Presidential succession. The author was one of the primary forces behind the Amendment and worked closely with Senator Birch Bayh to get it passed. The book covers Presidential vacancies before and after the Amendment and explores its various uses (and non-uses), as well as its reference in popular culture. I picked this book up given the current discussions involving a "Section 4" removal of the President by the VP and a majority of the cabinet. Although the latest edition of the book was issued prior to the election of Donald Trump, it is still highly relevant.
December 24, 2017
This book was a strong review of the legislative background, important to understanding some of the latent ambiguities to the amendment. At times, the writing doesn't flow well and the book occasionally gets bogged down in opinions of the author that don't shed light on the amendment. Overall, worth the read for scholars or those interested in the 25th Amendment from a technical perspective.
February 5, 2019
Excellent explanation of the subject.
August 13, 2019
Very relevant read for 2018 in the fact that the 25th isnt lithe magic pill some would lead you to believe. For a book about constitutional law and history it's a relative easy read but well explained. It does seem repetitive at times.
Displaying 1 - 5 of 5 reviews