Throughline We the People: Succession of Power
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Aug 14, 2025 John Feerick, Norris Professor of Law at Fordham Law School and author of The Twenty-Fifth Amendment, discusses the crucial topic of presidential succession. He shares the urgency that led to the creation of the 25th Amendment following JFK's assassination. Feerick highlights historical instances revealing the complexities of presidential incapacity. His reflections emphasize the need for clear guidelines that can maintain government stability during crises, illustrating why constitutional clarity is essential in preserving democracy.
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Constitutional Blind Spot Exposed
- John Feerick identified that the Constitution lacked clear rules for presidential inability and pushed the issue proactively.
- He chose to publish and widely distribute a Fordham Law Review article to spur reform efforts.
Assassination Makes Reform Urgent
- Kennedy's assassination in November 1963 intensely validated Feerick's warnings and accelerated interest in succession rules.
- The shock of that day transformed his scholarship into urgent policy work.
History Reveals Repeated Failures
- Historical cases (Harrison, Garfield, Wilson) showed recurring ambiguity about who governs during presidential incapacity.
- Those precedents convinced Feerick that Congress repeatedly failed to solve a persistent constitutional problem.