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John Feerick - The Twenty-Fifth Amendment: Its Complete History and Application

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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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title The Twenty-fifth Amendment Its Complete History and Applications - photo 1

title:The Twenty-fifth Amendment : Its Complete History and Applications
author:Feerick, John D.
publisher:Fordham University Press
isbn10 | asin:0823213730
print isbn13:9780823213733
ebook isbn13:9780585125527
language:English
subjectPresidents--United States--Succession, United States.--Constitution.--25th Amendment.
publication date:1992
lcc:KF5082.F44 1992eb
ddc:342.73/06
subject:Presidents--United States--Succession, United States.--Constitution.--25th Amendment.
Page iii
The Twenty-Fifth Amendment
Its Complete History and Applications
John D. Feerick
Foreword by
Birch Bayh
The Twenty-Fifth Amendment Its Complete History and Application - image 2
New York
Fordham University Press
Page iv
Copyright 1976, 1992 by FORDHAM UNIVERSITY PRESS
All fights reserved.
LC 92-26911
ISBN 0-8232-1372-2 (clothbound)
ISBN 0-8232-1373-0 (paperback)
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]Picture 392-26911
Picture 4Picture 5CIP
Printed in the United States of America
Page v
To my son,
W
ILLIAM BOYLE FEERICK,
my grandson,
DAVID ANDR LEBLANC,
and my uncle,
PATRICK BOYLE
Page vii
CONTENTS
Introduction to the 1992 Edition
ix
Acknowledgments
xxxi
Foreword by Birch Bayh
xxxiii
Preface
xxxv
I
The Problem
1
Presidential Inability
3
2
Vice Presidential Vacancy
27
3
Succession Beyond the Vice Presidency
35
II
The Solution
4
Early Steps to Solve the Inability Problem
51
5
Senate Passage of S. J. Res. 139
59
6
Congress Acts
83
7
Ratification
111
III
First Implementations of the Solution
8
The Resignation of Spiro T. Agnew
117
9
The Substitution of Gerald R. Ford
129
10
The Resignation of Richard M. Nixon and Succession of Gerald R. Ford
153
11
The Installation of Nelson A. Rockefeller
163
IV
An Evaluation
12
An Analysis of Sections 1, 2, 3, and 4 of the Amendment
193
13
An Appraisal
213
14
Recommendations
233
Appendices
ASection-by-Section Development of the Twenty-Fifth Amendment
243
BConstitutional Provisions on Succession
248
CStatutory Succession Laws
251
DPresidential Vacancies
254
Picture 6
Vice Presidential Vacancies
255
ETimes During Which the Speaker, the President pro tempore, or Both Were from a Party Different from the President's
256

Page viii
FRepublican Party Procedure
258
GDemocratic Party Procedure
259
Bibliography
261
Index
269
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