Jump to Content Jump to Main Navigation

Unable: The Law, Politics, and Limits of Section 4 of the Twenty-Fifth Amendment

Brian C. Kalt

Abstract

Since President Trump’s election, Section 4 of the Twenty-Fifth Amendment has been a frequent topic of public discussion. It has also become a mainstay in television dramas, which usually present it inaccurately.The country needs this complicated but essential topic explained. Unable: The Law, Politics, and Limits of Section 4 of the Twenty-Fifth Amendment is designed to educate and inform the public about Section 4 in an even-handed and accessible way. This book is not about President Trump; it offers no opinions on his fitness for office. By the end of the book, though, it will be clear how Section 4 applies to him, as well as to any other arguably unfit president.Unable begins by explaining the basics of Section 4, correcting common misconceptions, and resolving some of its ambiguities. Part II explores history: presidential disability before Section 4; the creation of Section 4 in 1965; the (non)use of Section 4 since then; and Section 4’s portrayal in movies, books, and television. Part III presents a series of hypothetical scenarios that dramatize how Section 4 would work—or not work—in a wide variety of situations. Part IV concludes with some thoughts on how Section 4 interacts with constitutional law more generally, and some suggestions on how to improve Section 4’s operation.

Bibliographic Information

Brian C. Kalt, author


Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.

Contents

Unable - The Law, Politics, and Limits of Section 4 of the Twenty-Fifth Amendment by Kalt, Brian C (24th October 2019)