Author Description

Since The Election Of President Donald Trump, The Twenty-fifth Amendment To The Constitution - Covering Presidential Incapacity - Has Been A Frequent Topic Of Public Discussion. But Few Understand How This Amendment Really Works. Unable: The Law, Politics, And Limits Of Section 4 Of The Twenty-fifth Amendment Explains, In Part I, The Basics Of The Twenty-fifth Amendment, Especially Section 4, Correcting Common Misconceptions, And Resolving Some Of Its Ambiguities. Part Ii Explores History: Presidential Disability Before Section 4; The Creation Of Section 4 In 1965; The (non)use Of Section 4 Since Then; And Section 4's Portrayal In Movies, Books, And Television. Part Iii Presents A Series Of Hypothetical Scenarios That Dramatize How Section 4 Would Work - Or Not Work - In A Wide Variety Of Situations. Part Iv Concludes With Some Thoughts On How Section 4 Interacts With Constitutional Law More Generally, And Some Suggestions On How To Improve Section 4's Operation. Unable Is Designed To Educate And Inform The Public About Section 4 And The Twenty-fifth Amendment In An Even-handed And Accessible Way, Allowing Readers To Judge For Themselves Whether Presidents - Past And Present - Were Or Are Fit To Serve In Office. I. How Section 4 Works -- Section 4 Basics -- Correcting A Few Misconceptions -- Trickier Questions -- Ii. History: Fact And Fiction -- Presidential Disability Before Section 4 -- Section 4: Creation, Evolution, And Approval -- Presidential Inability Since 1967 -- Section 4 In Fiction -- Iii. Section 4 In Practice -- Section 4's Simple Core -- Tough Calls -- The Four-day Wait -- Other Questions -- Don't Just Sit There, Do Something! -- Iv. Section 4 In Theory -- Section 4 And Constitutional Law -- Improving Section 4. Brian C. Kalt. Includes Bibliographical References And Index.