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The Twenty-Fifth Amendment: Its Complete History and Application PDF

608 Pages·1992·1.47 MB·English
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The Twenty-fifth Amendment : Its title: Complete History and Applications author: Feerick, John D. publisher: Fordham University Press isbn10 | asin: 0823213730 print isbn13: 9780823213733 ebook isbn13: 9780585125527 language: English Presidents--United States--Succession, subject United States.--Constitution.--25th Amendment. publication date: 1992 lcc: KF5082.F44 1992eb ddc: 342.73/06 Presidents--United States--Succession, subject: United States.--Constitution.--25th Amendment. Page iii The Twenty-Fifth Amendment Its Complete History and Applications John D. Feerick Foreword by Birch Bayh New York Fordham University Press Page iv © Copyright 1976, 1992 by F U P ORDHAM NIVERSITY RESS All fights reserved. 92-26911 LC 0-8232-1372-2 (clothbound) ISBN 0-8232-1373-0 (paperback) ISBN Second Edition, with additions, 1992 Library of Congress Cataloging-in-Publication Data Feerick, John D. The Twenty-fifth Amendment: its complete history and applications / John D. Feerick; foreword by Birch Bayh.2nd ed., with additions. p. cm. Includes bibliographical references and index. ISBN 0-8232-1372-2 (cloth).ISBN 0-8232-1373-0 (paper) 1. PresidentsUnited StatesSuccession. 2. United States Constitutional lawAmendments25th. I. Title. KF5082.F44 1992 342.73'06dc20 [347.3026] 92-26911 CIP Printed in the United States of America Page v To my son, W B F , ILLIAM OYLE EERICK my grandson, D A L , AVID NDRÉ EBLANC and my uncle, P B ATRICK OYLE Page vii CONTENTS Introduction to the 1992 Edition ix Acknowledgments xxxi Foreword by Birch Bayh xxxiii Preface xxxv I The Problem 1 3 Presidential Inability 2 27 Vice Presidential Vacancy 3 35 Succession Beyond the Vice Presidency II The Solution 4 51 Early Steps to Solve the Inability Problem 5 59 Senate Passage of S. J. Res. 139 6 83 Congress Acts 7 111 Ratification III First Implementations of the Solution 8 117 The Resignation of Spiro T. Agnew 9 129 The Substitution of Gerald R. Ford 10 153 The Resignation of Richard M. Nixon and Succession of Gerald R. Ford 11 163 The Installation of Nelson A. Rockefeller IV An Evaluation 12 193 An Analysis of Sections 1, 2, 3, and 4 of the Amendment 13 213 An Appraisal 14 233 Recommendations Appendices ASection-by-Section Development of the Twenty-Fifth 243 Amendment BConstitutional Provisions on Succession 248 CStatutory Succession Laws 251 DPresidential Vacancies 254 Vice Presidential Vacancies 255 ETimes During Which the Speaker, the President pro 256 tempore, or Both Were from a Party Different from the President's Page viii FRepublican Party Procedure 258 GDemocratic Party Procedure 259 Bibliography 261 Index 269 About the Author 275 Page ix INTRODUCTION TO THE 1992 EDITION Many profound changes have occurred in the world since the publication in 1976 of The Twenty-Fifth Amendment: Its Complete History and Earliest Applications. Some of these changes have involved the Twenty-Fifth Amendment. This introduction treats these particular changes and assesses their significance in terms of the Amendment.* An Historical Overview from 1976 To 1992 President Ronald Reagan's Disabilities The assassination attempt On March 30, 1981, just seventy days into his tenure, President Ronald Reagan exited from the Washington Hilton Hotel after delivering a speech to the Building and Construction Trades Department of the A.F.L.-C.I.O. On his way to the limousine, Reagan smiled and waved as he passed a crowd of reporters who were standing behind a security rope. Mike Putzel, an Associated Press reporter standing with the other reporters, shouted "Mr. President!" in an attempt to ask him a question. 1 Just then, a shot was fired, followed by a rapid series of five more shots. A look of "stunned disbelief" swept across the President's face. James S. Brady, his press secretary, was critically injured and fell to the ground. Next to him, a wounded District of Columbia plainclothes police officer, Thomas Delahanty, had fallen. A few feet away, Tim McCarthy, a Secret Service agent, agonized in pain on the sidewalk as

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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
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