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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 II History: Fact and Fiction, 5 Section 4: Creation, Evolution, and Approval

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: 18 February 2020

The immediate impetus for the Twenty-Fifth Amendment was President Eisenhower’s leadership in the wake of his health problems. After the Kennedy assassination, Senator Birch Bayh led the effort to enact the Twenty-Fifth Amendment. Section 4 underwent many changes before arriving at its final content in 1965 (it was ratified in 1967). These changes shed important light on what the framers intended Section 4 to accomplish, and what limits they intended it to have. The chapter includes a table that traces the evolution of individual parts of Section 4. It concludes with an examination of the framers’ intentions regarding specific issues discussed elsewhere in the book: the overall purpose of Section 4; how Section 4 interplays with the impeachment process; the roles of its decision-makers; technical details; and the tradeoffs between encouraging reluctant Vice Presidents and empowering power-hungry ones.

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