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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 III Section 4 in “Practice”, 8 Section 4’s Simple Core

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: 24 February 2020

Since Section 4 of the Twenty-Fifth Amendment is untested outside the bounds of fiction, the best way to examine its “case history” is through hypothetical situations that tee up issues that might arise. The scenarios in this first chapter are simple: clear, total inability. When a president is unconscious for an indefinite period, when he is unable to communicate due to a stroke, when he is clearly delusional—these are the easy cases that showcase why the amendment was created. Stripping the President of power and restoring it once he has recovered are simple and non-controversial in these situations. These scenarios share an instant revocation followed by a careful and deliberate restoration. The President does not dispute his inability. Medical advice supports the opinion that the President is unable, and consensus exists to say he has regained his capacity. The entire process would be open to public scrutiny.

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