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Author: James F. Toole
Publisher: University Rochester Press
ISBN: 9781580460699
Category : Law
Languages : en
Pages : 620
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Book Description
"In response to an invitation by President Jimmy Carter to the American Academy of Neurology in May 1994, James F. Toole, neurologist, and Arthur S. Link, biographer of Woodrow Wilson, established the Working Group on Presidential Disability whose members include medical doctors, politicians, and former administration members. This book represents the papers and discussions of the Working Group, as well as its final report on and recommendations for determining how and when the Twenty-Fifth Amendment is to be used. The findings and deliberations of the Working Group were issued in a set of nine recommendations for the effective use of the Twenty-Fifth Amendment, which are included in this book, along with commentary on the recommendations."--BOOK JACKET.
Author: James F. Toole
Publisher: University Rochester Press
ISBN: 9781580460699
Category : Law
Languages : en
Pages : 620
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Book Description
"In response to an invitation by President Jimmy Carter to the American Academy of Neurology in May 1994, James F. Toole, neurologist, and Arthur S. Link, biographer of Woodrow Wilson, established the Working Group on Presidential Disability whose members include medical doctors, politicians, and former administration members. This book represents the papers and discussions of the Working Group, as well as its final report on and recommendations for determining how and when the Twenty-Fifth Amendment is to be used. The findings and deliberations of the Working Group were issued in a set of nine recommendations for the effective use of the Twenty-Fifth Amendment, which are included in this book, along with commentary on the recommendations."--BOOK JACKET.
Author: James M. Ronan
Publisher: Lexington Books
ISBN: 1498514723
Category : Political Science
Languages : en
Pages : 217
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Book Description
Ask the average American who takes over in the event something happens to the President of the United States, and you’re likely to receive the correct answer. However, what about succession beyond the vice presidency? Fortunately, our nation has an established line of presidential succession that is meant to ensure continuity in the nation’s highest office. Unfortunately, there are several fundamental flaws in the model. This work begins by examining the fascinating history of presidential disability and succession, an issue that has impacted our nation’s highest office since the very beginning. After highlighting the reoccurring nature of this problem, it then provides an analysis of the alarming state of our current disability and succession guidelines, many of which are dangerously outdated, especially when it comes to the threat of terrorism. It then explores these flaws, specifically the glaring problems associated with including members of Congress in the line of succession. Along with questions concerning suitability and preparedness, statistics detailing the partisan composition of Congress over the last half-century illustrate that a sudden shift in party control of the presidency is not only possible, but likely. Finally, it concludes by highlighting an inherent flaw in a line of succession in which every member is located in one small area that happens to be the most attractive target for a would-be terrorist. While the issues explored in this work have been present for more than a half-century, the combination of an increased partisan divide between the executive and legislative branches, as well as the dangers of terrorist attack, combine to require immediate action. Just as the average American may be surprised to discover the Speaker of the House stands second in the line of succession, they would likely be shocked at the potential for chaos and confusion that could unfold in a battle for the presidency. Therefore, it is vitally important to address these concerns now, before they play out in front of a national audience.
Author: Kenneth R. Crispell
Publisher: Miller Center Presidential
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 216
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Book Description
Papers on Presidential Disability and the Twenty-Fifth Amendment describes the formation, efforts, and conclusions of the Miller Center Commission on Presidential Disability and the Twenty-Fifth Amendment--the fourth national commission organized by the Center that advances the ideas on the national improvement of the presidency. Orginally, the group met to advise the Center on the necessity and feasibility of a study of presidential disability, and Commission participants were primarily physicians whose expertise were in medical questions and medical issues. As the study progressed, however, the Commission expanded to include legislators, social scientists, and policy makers who explored a wide range of issues and problems. The book is divided into four sections and an appendix. The first section details the formation of the commission, the preliminary meetings in Washington, D.C., and the subsequent proposals for the study. The second section provides an overview of the role of the presidential physician and describes the burden of conflicting loyalties--to the patient and to the country--he must face. The definition and determination of "inability to serve" is also debated by both medical and political experts. Related to this discussion is the use of medications and treatments that may impair presidential decision-making abilities. The third section is a series of interviews and correspondence with prominent medical, legal, and political authorities. Topics discussed include: the coordination of law enforcement and national defense in the event of an attack on the president, changes in legal arrangements, the role of Congress during presidential disability, procedures for military command succession, and competing interpretations and reports are provided in the fourth section. They serve as examples of the analyses that took place prior to the formation of the Commission. Included in this section is a memorandum that foretells the differences in thinking between the original medical group that b
Author: Kenneth W. Thompson
Publisher: Papers on Presidential Disabil
ISBN: 9780761804239
Category : Political Science
Languages : en
Pages : 0
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Book Description
Contents: PART I: Presidential Disability; Chapter One: The Cover-up of Presidential Illness, The President's Physician, and the Twenty-fifth Amendment, Carlos F. Gomez, M.D., and Dr. Kenneth R. Crispell, M.D.; Chapter Two: The Role of the Presidential Physician, Burton J. Lee III, M.D.; PART II: Woodrow Wilson; Chapter Three: Woodrow Wilson's Disability and the Constitutional Crisis, Arthur S. Link; PART III: Calvin Coolidge; Chapter Four: Personal Grieving and Political Defeat: The Case of Calvin Coolidge, C. Knight Aldrich, M.D.; PART IV: John F. Kennedy; Chapter Five: Presidential Disability: The Case of John F. Kennedy, Robert E. Gilbert; Chapter Six: John F. Kennedy and the Issue of Presidential Disability, Kenneth R. Crispell, M.D.; PART V: Lyndon B. Johnson, Robert E. Gilbert; PART VI: Richard M. Nixon; Chapter Eight: The Three Faces of Richard Nixon, Vamik D. Volkan, M.D.; PART VII: President's Physician; Chapter Nine: The Bush Presidency and Presidential Disability, Burton J. Lee III, M.D.; Chapter Ten: Medical Cover-ups in the White House. Robert H. Ferrell; Appendix; Chapter Eleven: The Secret Mitterand Couldn't Take with Him, Craig R. Whitney.
Author: Miller Center Commission on Presidential Disability and the Twenty-fifth Amendment
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 50
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Book Description
This report, which is included as an annex in Papers on Presidential Disability and the Twenty-Fifth Amendment by Six Medical, Legal and Political Authorities, is also available separately. It summarizes the conclusions of the study. Co-published with the Miller Center of Public Affairs
Author: Robert E. Gilbert
Publisher: Fordham Univ Press
ISBN:
Category : Presidents
Languages : en
Pages : 310
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Book Description
In Managing Crisis: Presidential Disability and the Twenty-Fifth Amendment, the contributors explore not only the historical beginnings and the subsequent development of the Twenty-Fifth Amendment, but also its contributions to the health of the nation. The Watergate scandal of 1973-1974 solidified the Amendment's strength when it was invoked after the resignation of Vice President Spiro Agnew, and again after Richard Nixon's resignation. President Reagan's failure to use the Amendment in 1981 after being shot and seriously wounded disappointed those who championed its provisiouns but the strong backlash he received actually strengthened the Amendment and convinced subsequent Administrations to develop plans for its use. The President who takes office in 2001 is likely to devise similar plans. The Amendment is positioned to be a crucial tool if, as seems inevitable, the country again confronts a case of presidential inability, whether the inability entails illness or even kidnapping. It respects the presidency by making it difficult to oust a Chief Executive from exercising his powers and duties, giving a decisive role to those likely to protect the president and embodying checks and balances at every point in the processs.It avoids a definition of the term "inability" so as to provide decision-makers with flexibility and escapes the legalisms that such a definition could cause in a time of political turmoil. Both a legal and a political document, the Amendment deals with its subjects practically and in a manner consistent with the principle of separation of powers. It is likely to ensure stability and continuity in the event of a national crisis. The contributors to this essential volume are: Birch Bayh, three-term United States Senator from Indiana, who authored and sponsored both the Twenty-Fifth and Twenty-Sixth Amendments; John D. Feerick, Dean of the Fordham University School of Law and author of The Twenty-Fifth Amendment; Robert E. Gilbert, Professor of Political Science at Northeastern University, and author of The Mortal Presidency, which was designated a 1998 outstanding book by Choice; Jeol K. Goldstein, Professor of Law at St. Louis University School of Law and author of The Modern Vice-Presidency and Understanding Constitutional Law; Robert J. Joynt, Distinguished University Professor of Neurology, Neurobiology, and Anatomy at the University of Rochester; E. Connie Mariano; M.D., Personal Physician to President Clinton and Director of the White House Medical Unit; Lawrence C. Mhr, M.D., White House physician from 1987 to 1993, serving Presidents Reagan, Bush, and Clinton, and currently professor of Medicine and Director of the Environmental Biosciences Program at the Medical University of South Carolina; Jerrold M. Post, M.D., Professor of Psychiatry and Director of the Political Psychology Program at the George Washington University; Robert S. Robbins, Professor of Political Science at Tulane University and co-author of When Illness Strikes the Leader; Kenneth W. Thompson, Director of the Miller Center at the University of Virginia frm 1978 to 1998; James F. Toole, M.D., Teagle Professor of Neurology and Professor of Public Health Sciences at the Bowman Gray School of Medicine at Wake Forest University; Tom Wicker, former Washington Bureau Chief for the New York Times, and James M. Young M.D., White House Physician serving Presidents Kennedy and Johnson, from 1963 to 1966.
Author: Kenneth W. Thompson
Publisher: University Press of Amer
ISBN: 9780819180773
Category : Law
Languages : en
Pages : 164
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Book Description
This volume, the second in the series, brings together experts in politics, law, and medicine and provides an in depth analysis of presidential disability and the Twenty-Fifth Amendment. It addresses the controversial questions which arise with regard to the Constitution and the transfer, withdrawal, and resumption of presidential authority. Also considered is the issue of the interpretation of the Twenty-Fifth Amendment. Co-published with the Miller Center.
Author: Birch Bayh
Publisher:
ISBN: 9780672511608
Category :
Languages : en
Pages : 396
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Book Description
Author: Thomas H. Neale
Publisher: Independently Published
ISBN: 9781790724024
Category :
Languages : en
Pages : 38
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Book Description
Sections 3 and 4 of the Twenty-Fifth Amendment to the U.S. Constitution provide for presidential disability or inability. Section 3 of the amendment sets the procedure whereby a President may declare himself or herself "unable to discharge the powers and duties" of the office by transmitting a written declaration to this effect to the President pro tempore of the Senate (President pro tem) and the Speaker of the House of Representatives (Speaker). For the duration of the disability, the Vice President discharges the President's powers and duties as Acting President. When the President transmits "a written declaration to the contrary" to the President pro tem and the Speaker, he or she resumes the powers and duties of the office. Section 3 is intended to cover either unanticipated disability, such as injury or illness, or anticipated disability, such as medical treatment. It has been activated three times under circumstances in which the President underwent general anesthesia for medical treatment. It was informally implemented by President Ronald Reagan in 1985 and was formally implemented twice by President George W. Bush, in 2002 and 2007, under similar circumstances. Section 4 provides for instances of contingent presidential disability. It was intended by the Twenty-Fifth Amendment's authors to provide for cases in which a President was unable or unwilling to declare a disability. In these circumstances, the section authorizes the Vice President and a majority of either the Cabinet, or such other body established by law (a presidential disability review body), acting jointly, to declare the President to be disabled. When they transmit a written message to this effect to the President pro tem and the Speaker, the Vice President immediately assumes the powers and duties of the office as Acting President. If the President, at a time of his choice, transmits a written message to the President pro tem and the Speaker that no disability exists, he or she resumes office. The Vice President and a majority of the Cabinet or disability review body may, however, contest this finding by a written declaration to the contrary to the aforementioned officers, delivered within four days of the President's declaration. Congress then decides the question, assembling within 48 hours if it is not in session. If Congress decides by a two-thirds vote of both houses that the President is unable to discharge the duties of the office, the Vice President continues as Acting President until the disability is resolved. If the two-thirds margin is not obtained, or if Congress is in session at the time but does not vote on the question within 21 days of receiving the requisite declaration, then the President resumes the powers and duties of the office. Similarly, if Congress is not in session at the time, and assembles as required by Section 4, but does not vote within 21 days of the day on which it is required to assemble, then the President resumes the powers and duties of the office. Section 4's complexity and concern about its potential for misuse have raised questions among some observers that it could be implemented for political purposes. During debate on the amendment, its authors and proponents largely rejected such claims. They insisted the section was not intended to facilitate the removal of an unpopular or failed President, in support of which they cited checks and balances incorporated in the amendment that were designed to prevent abuse of the procedure. To date, Section 4 has not been implemented. Two bills pending in the 115th Congress would establish a presidential disability review body as authorized by Section 4 of the Twenty-Fifth Amendment: H.R. 1987, introduced on April 6, 2017, and H.R. 2093, introduced on April 14 of the same year.
Author: Richard M. Merelman
Publisher:
ISBN:
Category : Presidents
Languages : en
Pages : 14
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Book Description
