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.
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.
Foreshadowing the Unforeseen
Just weeks after John Feerick published an article on presidential inability, President John F. Kennedy was assassinated, transforming the theoretical discussions into practical urgency. In the confusion during the hours following the shooting, Feerick contemplated the potential crisis of leadership with no clear guidelines for temporary succession. The news headlines, which highlighted the lack of a plan for presidential incapacity, confirmed his belief that an amendment was necessary. This tragic event propelled the conversation about constitutional reform into the limelight, illustrating the very issues Feerick had long warned about.
Advocating for the 25th Amendment
In the wake of Kennedy's assassination, the American Bar Association convened to draft a solution for the lack of clarity surrounding presidential succession, with Feerick playing a pivotal role. The consensus at this conference was to push for a constitutional amendment that would clarify the process when a president could not serve, ensuring continuity in leadership. Feerick's previous research and writing experiences allowed him to significantly contribute to the amendment's formulation, which outlined the succession process and defined 'presidential inability'. This initiative marked a turning point in U.S. constitutional law, addressing a gap that had persisted since the country's founding.
The Legacy of the 25th Amendment
The podcast concludes by examining the implementation and impact of the 25th Amendment following its ratification in 1967. It highlights its historical significance when invoked for the first time during the Watergate scandal, allowing Gerald Ford to ascend to the presidency after Richard Nixon's resignation. The amendment outlined clear procedures for presidential succession and established the protocols for determining presidential incapacity, addressing many concerns Feerick had raised. While Sections 1 and 2 of the amendment have been put to use, Section 4 remains untested, offering a contemplative look at the ongoing challenges of presidential authority and the importance of constitutional safeguards.
The 25th amendment. A few years before JFK was shot, an idealistic young lawyer set out on a mission to convince people something essential was missing from the Constitution: clear instructions for what should happen if a U.S. president was no longer able to serve. On this episode of our ongoing series We the People, the story behind one of the last amendments to the Constitution, and the man who got it done.
Correction: In a previous version of this episode we incorrectly said that John F. Kennedy was the youngest president in US history. Kennedy at 43 was the youngest person to be elected president but Theodore Roosevelt, who took office at age 42 after William McKinley was assassinated, was the youngest person to serve as US president.
