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

Part IV Section 4 in Theory, 13 Section 4 and Constitutional Law

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

Brian C. Kalt

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 04 April 2020

Dealing with Section 4 differs greatly from the usual enterprise of constitutional law. First, Section 4 has never been used. Second, if it is ever used and questions arise, the answers will likely come from politicians, not a court. Third, Section 4 is about procedure, not the structure or powers of government or individual rights. Fourth, Section 4 offers some interesting twists on old debates about the use of history in constitutional reasoning. This chapter analyses Section 4 within the larger framework of debates about the best ways to approach constitutional law. In particular, it is much more sensible to analyze Section 4 in terms of the framer’s original understandings and original intentions that it is when interpreting other parts of the Constitution.

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