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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, 14 Improving Section 4

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

This chapter examines some of the suggestions made for improving Section 4. Those suggestions that would require congressional action or, worse yet, a constitutional amendment, are rejected as being too difficult to make happen. More promising are reforms that require only presidential leadership or keen work by the President’s legal staff. Presidents and their teams typically construct elaborate contingency plans for using Section 4. These plans need to be resolute about handling potentially difficult ambiguities. They also need to be publicized so that wider knowledge—among the President, his staff, and the general public—will prevent damaging uncertainty from ever arising in an actual case.

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