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We the People: Succession of Power

Mar 6, 2025
In this enlightening discussion, John Feerick, a Fordham Law School professor known for his pivotal role in drafting the 25th Amendment, dives deep into the challenges of presidential succession. He shares the urgency for constitutional reform following JFK's assassination and how it inspired the creation of the amendment. Feerick highlights historical precedents of presidential incapacity and the legal ambiguity they created, underscoring the importance of clear protocols for maintaining national stability during crises.
47:46

Episode guests

Podcast summary created with Snipd AI

Quick takeaways

  • John Feerick's advocacy for the 25th Amendment addressed the constitutional ambiguity surrounding presidential incapacity, ensuring clearer succession protocols.
  • The implementation of the 25th Amendment after Kennedy's assassination highlighted the urgent need for constitutional clarity in leadership transitions.

Deep dives

The Constitutional Question of Presidential Inability

The podcast discusses the critical constitutional question regarding what happens when a U.S. president becomes incapable of fulfilling their duties. Specifically, it highlights the ambiguous language in Article 2, Section 1, Clause 6 of the Constitution, which states that the vice president assumes the role in the case of the president's removal, but lacks detail about how this should occur. John Feerick, a law professor, had early recognition of this issue and began to raise questions like, who determines when a president can no longer serve, what happens next, and whether the transfer of power is temporary or permanent. At the time, such concerns were not widely considered important, but Feerick’s research into the issue laid the groundwork for significant constitutional discourse.

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