John D. Feerick (born July 12, 1936) is a law professor at Fordham University School of Law in New York City . He served as the school's eighth dean from 1982 to 2002. From 2002 to 2004, he was the Leonard F. Manning Professor of Law at Fordham, and in 2004 was named to the Sidney C. Norris Chair of Law in Public Service.
123-500: The Twenty-fifth Amendment ( Amendment XXV ) to the United States Constitution addresses issues related to presidential succession and disability. It clarifies that the vice president becomes president if the president dies, resigns, or is removed from office by impeachment . It also establishes the procedure for filling a vacancy in the office of the vice president. Additionally, the amendment provides for
246-663: A colonoscopy without anesthesia in November 2019, likely to avoid having to invoke Section 3. On July 12, 1985, President Ronald Reagan underwent a colonoscopy and was diagnosed with bowel cancer. He elected to have the lesion removed immediately, and consulted with White House counsel Fred Fielding about whether to invoke Section 3, and in particular about whether doing so would set an undesirable precedent. Fielding and White House Chief of Staff Donald Regan recommended that Reagan transfer power, and two letters were drafted: one specifically invoking Section 3,
369-544: A "smooth and temporary transition" under Section 3 that paved the way for future applications. The two invocations established the reasonableness of invocation for relatively minor inabilities, promoting continuity in the Executive Branch . On November 19, 2021, President Joe Biden temporarily transferred his powers and duties to Vice President Kamala Harris before undergoing a colonoscopy, making her acting president from 10:10 a.m. until 11:35 am. This
492-469: A President shall be elected or, in case of inability, until the inability shall be earlier removed. The commencement and termination of any inability shall be determined by such method as Congress shall by law provide. Senators raised concerns that the Congress could either abuse such authority or neglect to enact any such legislation after the adoption of this proposal. Tennessee senator Estes Kefauver ,
615-542: A citizen of the United States for seven years, and live in the state they represent. Senators must be at least 30 years old, be a citizen for nine years, and live in the state they represent. Article I, Section 8 enumerates the powers delegated to the legislature. Financially, Congress has the power to tax, borrow, pay debt and provide for the common defense and the general welfare; to regulate commerce, bankruptcies, and coin money. To regulate internal affairs, it has
738-528: A convention of state delegates in Philadelphia to propose revisions to the Articles. Unlike earlier attempts, the convention was not meant for new laws or piecemeal alterations, but for the "sole and express purpose of revising the Articles of Confederation." The convention was not limited to commerce; rather, it was intended to "render the federal constitution adequate to the exigencies of government and
861-468: A declaration is sent to Congress, the vice president immediately becomes acting president, while (as with Section 3) the president remains in office, temporarily divested of authority. John Feerick , the principal draftsman of the amendment, writes that Congress deliberately left the terms unable and inability undefined "since cases of inability could take various forms not neatly fitting into [a rigid] definition ... The debates surrounding
984-457: A level where they prevented the President from carrying out his or her constitutional duties, they still might constitute an inability, even in the absence of a formal medical diagnosis." In addition, a president who already manifested disabling traits at the time he was elected is not thereby immunized from a declaration of inability. The "principal officers of the executive department[s]" are
1107-409: A long time while incapacitated. The assassination of John F. Kennedy in 1963 underscored the need for a clear procedure for determining presidential disability, particularly since the new president, Lyndon B. Johnson , had once suffered a heart attack and—with the office of vice president to remain vacant until the next term began on January 20, 1965—the next two people in the line of succession were
1230-642: A major influence on the Albany Plan of Union , Benjamin Franklin's plan to create a unified government for the Thirteen Colonies , which was rejected. The Constitution includes four sections: an introductory paragraph titled Preamble, a list of seven Articles that define the government's framework, an untitled closing endorsement with the signatures of 39 framers, and 27 amendments that have been adopted under Article V (see below ). The Preamble,
1353-410: A medical procedure) by declaring in writing his inability to discharge the presidency's powers and duties. The vice president then assumes those powers and duties as acting president; the vice president does not become president; the president remains in office without authority. The president regains those powers and duties upon declaring in writing his ability to discharge them. Section 4 . Whenever
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#17327660451101476-936: A member of the New York State Law Revision Commission, the New York State Judicial Salary Commission, the New York State Committee to Promote Public Trust and Confidence in the Legal System, the New York State Mandatory Continuing Legal Education Committee, and the Chief Judge Judith Kaye 's Corporate Advisory Group. On April 16, 2007, Feerick was appointed by Governor Eliot Spitzer to head
1599-523: A permanent capital. North Carolina waited to ratify the Constitution until after the Bill of Rights was passed by the new Congress, and Rhode Island's ratification would only come after a threatened trade embargo. The U.S. Constitution was a federal one and was greatly influenced by the study of Magna Carta and other federations, both ancient and extant. The Due Process Clause of the Constitution
1722-552: A president is unable to discharge the powers and duties of the presidency, rather than, as the Twenty-fifth Amendment does, having the Constitution so provide. This proposal was based upon a recommendation of the American Bar Association in 1960. The text of the proposal read: In case of the removal of the President from office or of his death or resignation, the said office shall devolve on
1845-527: A second declaration of the president's inability, the president resumes his powers and duties; but if they do issue a second declaration within the four days, then the vice president remains acting president while Congress considers the matter. Then, if within 21 days the Senate and the House determine, each by a two-thirds vote, that the president is unable, the vice president continues as acting president; otherwise
1968-414: A statement to Congress. The proposal received bipartisan support. On February 19, the Senate passed the amendment, but the House passed a different version of the amendment on April 13. On April 22 it was returned to the Senate with revisions. There were four areas of disagreement between the House and Senate versions: On July 6, after a conference committee ironed out differences between
2091-661: Is called Independence Hall , functioned as the provisional government of the United States. Delegates to the First Continental Congress in 1774 and then the Second Continental Congress from 1775 to 1781 were chosen largely from the revolutionary committees of correspondence in various colonies rather than through the colonial governments of the Thirteen Colonies . The Articles of Confederation and Perpetual Union
2214-488: Is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office. Section 4 addresses the case of a president who cannot discharge
2337-595: Is not the best." The advocates of the Constitution were anxious to obtain unanimous support of all twelve states represented in the convention. Their accepted formula for the closing endorsement was "Done in Convention, by the unanimous consent of the States present." At the end of the convention, the proposal was agreed to by eleven state delegations and the lone remaining delegate from New York, Alexander Hamilton. Within three days of its signing on September 17, 1787,
2460-618: Is required for a determination of inability ... To be sure, foremost in [the minds of the framers] was a physical or mental impairment. But the text of Section 4 sets forth a flexible standard intentionally designed to apply to a wide variety of unforeseen emergencies. Among potential examples of such unforeseen emergencies, legal scholars have listed kidnapping of the president and "political emergencies" such as impeachment . Traits such as unpopularity, incompetence, impeachable conduct, poor judgment, or laziness might not in themselves constitute inability, but should such traits "rise to
2583-454: Is the first time a woman held the powers and duties of the president of the United States . Section 4 has never been invoked. Following the attempted assassination of Ronald Reagan on March 30, 1981, Vice President George H. W. Bush did not assume the presidential powers and duties as acting president . Reagan had been rushed into surgery with no opportunity to invoke Section 3; Bush did not invoke Section 4 because he
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#17327660451102706-602: Is to be the judge of it?" No one replied. It is hard to believe that until last week our Constitution provided no clear answer. Now, at last, the 25th amendment clarifies the crucial clause that provides for succession to the Presidency and for filling a Vice Presidential vacancy. On October 10, 1973, Vice President Spiro Agnew resigned, following a controversy over his personal taxes; two days later, President Richard Nixon nominated Representative Gerald Ford to replace Agnew as vice president pursuant to Section 2. Ford
2829-603: Is to receive only one compensation from the federal government. The inaugural oath is specified to preserve, protect and defend the Constitution. The president is the Commander in Chief of the United States Armed Forces , as well as of state militias when they are mobilized. The president makes treaties with the advice and consent of a two-thirds quorum of the Senate. To administer the federal government,
2952-561: The Fordham Law Review , commentator John Feerick asserted that although Reagan disclaimed any use of the Twenty-fifth Amendment in his letter (likely out of "fear of the reaction of the country and the world to a 'President' who admitted to being disabled, and concern ... [over] set[ting] a harmful precedent"), he followed the process set forth in Section 3. Furthermore, Feerick noted that "no constitutional provision except
3075-403: The 89th Congress , and was adopted on February 10, 1967, the day the requisite number of states (38) ratified it. Section 1 . In case of the removal of the President from office or of his death or resignation, the Vice President shall become President. Section 1 clarifies that in the enumerated situations the vice president becomes president, instead of merely assuming the powers and duties of
3198-787: The American Arbitration Association and still serves as an honorary board member. As a mediator, Feerick played a role in several high-profile labor disputes including the 1994 New York City Transit contract negotiations and the National Football League salary cap. Feerick is Director of the Feerick Center for Social Justice and Dispute Resolution at Fordham Law School. Feerick graduated in 1958 from Fordham University and obtained his law degree from Fordham Law School in 1961. During his time in law school, he served as Editor-in-Chief of
3321-533: The Bill of Rights , offer specific protections of individual liberty and justice and place restrictions on the powers of government within the U.S. states. The majority of the 17 later amendments expand individual civil rights protections. Others address issues related to federal authority or modify government processes and procedures. Amendments to the United States Constitution, unlike ones made to many constitutions worldwide, are appended to
3444-944: The Fordham Law Review . He is the recipient of many awards, including the Law and Society Award from the New York Lawyers for the Public Interest , the 1999 Citizen Achievement Award from the New York State League of Women Voters , the American Irish Historical Society Gold Medal, and the New York State Bar Association Gold Medal. Feerick was primarily responsible for the composition of the 25th Amendment to
3567-533: The House Judiciary Committee ) proposed H.J. Res. 1 in the House of Representatives . Their proposal specified the process by which a president could be declared "unable to discharge the powers and duties of his office", thereby making the vice president an acting president , and how the president could regain the powers of his office. Their proposal also provided a way to fill a vacancy in
3690-647: The Necessary and Proper Clause in Article One to allow Congress to enact legislation that is neither expressly allowed by the enumerated powers nor expressly denied in the limitations on Congress. In McCulloch v. Maryland (1819), the Supreme Court read the Necessary and Proper Clause to permit the federal government to take action that would "enable [it] to perform the high duties assigned to it [by
3813-616: The New Jersey Plan , also called for an elected executive but retained the legislative structure created by the Articles, a unicameral Congress where all states had one vote. On June 19, 1787, delegates rejected the New Jersey Plan with three states voting in favor, seven against, and one divided. The plan's defeat led to a series of compromises centering primarily on two issues: slavery and proportional representation. The first of these pitted Northern states, where slavery
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3936-482: The Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President. Section 3 allows the president to voluntarily transfer presidential authority to the vice president (for example, in anticipation of
4059-595: The State of the Union , and by the Recommendation Clause , recommends "necessary and expedient" national measures. The president may convene and adjourn Congress under special circumstances. Section 4 provides for the removal of the president and other federal officers. The president is removed on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. Article III describes
4182-722: The Virginia Declaration of Rights were incorporated into the Bill of Rights. Upon the arrival of the American Revolution, many of the rights guaranteed by the Federal Bill of Rights were recognized as being inspired by English law. A substantial body of thought had been developed from the literature of republicanism in the United States , typically demonstrated by the works of John Adams , who often quoted Blackstone and Montesquieu verbatim, and applied to
4305-511: The court system (the judicial branch ), including the Supreme Court . The article describes the kinds of cases the court takes as original jurisdiction . Congress can create lower courts and an appeals process and enacts law defining crimes and punishments. Article Three also protects the right to trial by jury in all criminal cases , and defines the crime of treason . John Feerick Prior to entering academia in 1982, Feerick
4428-549: The egalitarian character of the American people. In a 1787 letter to John Rutledge , Jefferson asserted that "The only condition on earth to be compared with [American government] ... is that of the Indians, where they still have less law than we." American Indian history scholars Donald Grinde and Bruce Johansen claim there is "overwhelming evidence" that Iroquois Confederacy political concepts and ideas influenced
4551-400: The legislative , consisting of the bicameral Congress ( Article I ); the executive , consisting of the president and subordinate officers ( Article II ); and the judicial , consisting of the Supreme Court and other federal courts ( Article III ). Article IV , Article V , and Article VI embody concepts of federalism , describing the rights and responsibilities of state governments ,
4674-411: The states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the 13 states to ratify it. The Constitution of the United States is the oldest and longest-standing written and codified national constitution in force in the world. The drafting of the Constitution , often referred to as its framing,
4797-505: The 15 Cabinet members enumerated in the United States Code at 5 U.S.C. § 101 : Acting secretaries can participate in issuing the declaration. If the president subsequently issues a declaration claiming to be able, then a four-day period begins during which the vice president remains acting president. If, by the end of this period, the vice president and a majority of the "principal officers" have not issued
4920-558: The 71-year-old speaker of the House , John McCormack , and the 86-year-old Senate president pro tempore , Carl Hayden . Senator Birch Bayh succeeded Kefauver as chairman of the Subcommittee on Constitutional Amendments and set about advocating a detailed amendment dealing with presidential disability. On January 6, 1965, Senator Birch Bayh proposed S.J. Res. 1 in the Senate and Representative Emanuel Celler (Chairman of
5043-543: The 74 delegates appointed by the states, 55 attended. The delegates were generally convinced that an effective central government with a wide range of enforceable powers must replace the weaker Congress established by the Articles of Confederation. Two plans for structuring the federal government arose at the convention's outset: On May 31, the Convention devolved into the Committee of the Whole , charged with considering
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5166-539: The Articles, required legislative approval by all 13 of the newly formed states. Despite these limitations, based on the Congressional authority granted in Article 9, the league of states was considered as strong as any similar republican confederation ever formed. The chief problem was, in the words of George Washington , "no money." The Confederated Congress could print money, but it was worthless, and while
5289-562: The Confederation had "virtually ceased trying to govern." The vision of a respectable nation among nations seemed to be fading in the eyes of revolutionaries such as George Washington , Benjamin Franklin , and Rufus King . Their dream of a republic , a nation without hereditary rulers, with power derived from the people in frequent elections, was in doubt. On February 21, 1787, the Confederation Congress called
5412-411: The Congress could borrow money, it could not pay it back. No state paid its share of taxes to support the government, and some paid nothing. A few states did meet the interest payments toward the national debt owed by their citizens, but nothing greater, and no interest was paid on debts owed foreign governments. By 1786, the United States was facing default on its outstanding debts. Under the Articles,
5535-458: The Constitution regarding death, resignation, removal, or disability of the president created difficulties several times: The 1951 novel The Caine Mutiny and its 1954 film version influenced the amendment's drafters. John D. Feerick told The Washington Post in 2018 that the film was a "live depiction" of the type of crisis that could arise "if a president ever faced questions about physical or mental inabilities but disagreed completely with
5658-569: The Constitution was submitted to the Congress of the Confederation , then sitting in New York City, the nation's temporary capital. The document, originally intended as a revision of the Articles of Confederation, instead introduced a completely new form of government. While members of Congress had the power to reject it, they voted unanimously on September 28 to forward the proposal to the thirteen states for their ratification . Under
5781-605: The Constitution's introductory paragraph, lays out the purposes of the new government: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. The opening words, " We
5904-777: The Constitution, the Federalists , and the other opposing it, the so-called Anti-Federalists . Over the ensuing months, the proposal was debated, criticized, and expounded upon clause by clause. In the state of New York , at the time a hotbed of anti-Federalism, three delegates from the Philadelphia Convention who were also members of the Congress— Hamilton , Madison , and Jay —published a series of commentaries, now known as The Federalist Papers , in support of ratification. Before year's end, three state legislatures voted in favor of ratification. Delaware
6027-508: The Constitution] in the manner most beneficial to the people," even if that action is not itself within the enumerated powers. Chief Justice Marshall clarified: "Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Constitution, are Constitutional." Article II describes
6150-682: The Constitutional Convention. Prior to and during the framing and signing of the Constitution, Blackstone , Hume , Locke and Montesquieu were among the political philosophers most frequently referred to. Historian Herbert W. Schneider held that the Scottish Enlightenment was "probably the most potent single tradition in the American Enlightenment" and the advancement of personal liberties. Historian Jack P. Greene maintains that by 1776
6273-685: The Iroquois influence thesis is largely the product of "white interpretations of Indians" and "scholarly misapprehension". John Napoleon Brinton Hewitt , who was born on the Tuscarora Indian Reservation , and was an ethnologist at the Smithsonian Institution 's Bureau of Ethnology is often cited by historians of Iroquois history. Hewitt, however, rejected the idea that the Iroquois League had
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#17327660451106396-548: The Law of Nations, to declare war and make rules of war. The final Necessary and Proper Clause , also known as the Elastic Clause, expressly confers incidental powers upon Congress without the Articles' requirement for express delegation for each and every power. Article I, Section 9 lists eight specific limits on congressional power. The Supreme Court has sometimes broadly interpreted the Commerce Clause and
6519-603: The Laws of England are considered the most influential books on law in the new republic. Madison made frequent reference to Blackstone, Locke, and Montesquieu, all of whom were among the most prominent political theorists of the late eighteenth century. Following the Glorious Revolution of 1688, British political philosopher John Locke was a major influence, expanding on the contract theory of government advanced by Thomas Hobbes , his contemporary. Locke advanced
6642-607: The New York State Commission to Promote Public Confidence in Judicial Elections, which sought to reform the nomination, campaigning, election, and retention of state judges in the wake of such scandals as the bribery investigation of former judge Gerald P. Garson . From 2003 to 2005, Feerick served on the special master panel in the McCain v. Bloomberg homeless rights litigation. He has also been
6765-404: The People ", represented a new thought: the idea that the people and not the states were the source of the government's legitimacy. Coined by Gouverneur Morris of Pennsylvania, who chaired the convention's Committee of Style, the phrase is considered an improvement on the section's original draft which followed the words We the People with a list of the 13 states. In place of the names of
6888-467: The President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress
7011-776: The Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President ... This provision is ambiguous as to whether, in the enumerated circumstances, the vice president becomes the president or merely assumes the "powers and duties" of the presidency. It also fails to define what constitutes inability or how questions concerning inability are to be resolved. The Twenty-fifth Amendment addresses these deficiencies. The ambiguities in Article II, Section 1, Clause 6 of
7134-462: The Senate (with each state's legislators generally choosing their respective senators), and that all money bills would originate in the House. The Great Compromise ended the stalemate between patriots and nationalists, leading to numerous other compromises in a spirit of accommodation. There were sectional interests to be balanced by the Three-Fifths Compromise ; reconciliation on Presidential term, powers, and method of selection; and jurisdiction of
7257-715: The Treasury had no funds to pay toward ransom. If a military crisis required action, the Congress had no credit or taxing power to finance a response. Domestically, the Articles of Confederation was failing to bring unity to the diverse sentiments and interests of the various states. Although the Treaty of Paris in 1783 was signed between Britain and the U.S., and named each of the American states, various states proceeded to violate it. New York and South Carolina repeatedly prosecuted Loyalists for wartime activity and redistributed their lands. Individual state legislatures independently laid embargoes, negotiated directly with foreign authorities, raised armies, and made war, all violating
7380-693: The Twenty-Fifth Amendment would have allowed" him to designate the vice president as acting president. Reagan later wrote in a memoir that he had, in fact, invoked the Twenty-fifth Amendment. On June 29, 2002, President George W. Bush explicitly invoked Section 3 in temporarily transferring his powers to Vice President Dick Cheney before undergoing a colonoscopy, which began at 7:09 am. Bush awoke about forty minutes later, but refrained from resuming his presidential powers until 9:24 a.m. to ensure that no aftereffects remained. According to his staff, Cheney (as acting president) held his regular national security and homeland security meetings with aides at
7503-527: The Twenty-fifth Amendment indicate that [those terms] are intended to cover all cases in which some condition or circumstance prevents the President from discharging his powers and duties". A survey of scholarship on the amendment found no specific threshold—medical or otherwise—for the "inability" contemplated in Section 4. The framers specifically rejected any definition of the term, prioritizing flexibility. Those implementing Section 4 should focus on whether—in an objective sense taking all of
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#17327660451107626-409: The Twenty-fifth Amendment, a vice-presidential vacancy continued until a new vice president took office at the start of the next presidential term; the vice presidency had become vacant several times due to death, resignation, or succession to the presidency, and these vacancies had often lasted several years. Section 3 . Whenever the President transmits to the President pro tempore of the Senate and
7749-502: The U.S. Constitution , and are considered to be the most outspoken supporters of the Iroquois thesis. The idea as to the extent of that influence on the founding, however, varies among historians and has been questioned or criticized by various historians, including Samuel Payne, William Starna, George Hamell, and historian and archaeologist Philip Levy , who claims the evidence is largely coincidental and circumstantial. The most outspoken critic, anthropologist Elisabeth Tooker , claimed
7872-423: The United States is the supreme law of the United States . It superseded the Articles of Confederation , the nation's first constitution , on March 4, 1789. Originally including seven articles, the Constitution delineates the frame of the federal government . The Constitution's first three articles embody the doctrine of the separation of powers , in which the federal government is divided into three branches:
7995-426: The United States had little ability to defend its sovereignty. Most of the troops in the nation's 625-man army were deployed facing non-threatening British forts on American soil. Soldiers were not being paid, some were deserting, and others were threatening mutiny. Spain closed New Orleans to American commerce, despite the protests of U.S. officials. When Barbary pirates began seizing American ships of commerce,
8118-423: The Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of
8241-501: The Vice President. In case of the inability of the President to discharge the powers and duties of the said office, the said powers and duties shall devolve on the Vice President, until the inability be removed. The Congress may by law provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then be President, or, in case of inability, act as President, and such officer shall be or act as President accordingly, until
8364-429: The Virginia Plan. On June 13, the Virginia resolutions in amended form were reported out of committee. The New Jersey Plan was put forward in response to the Virginia Plan. A Committee of Eleven, including one delegate from each state represented, met from July 2 to 16 to work out a compromise on the issue of representation in the federal legislature. All agreed to a republican form of government grounded in representing
8487-527: The White House, but made no appearances and took no recorded actions while acting president. On July 21, 2007, Bush invoked Section 3 before another colonoscopy. Cheney was acting president from 7:16 a.m. until 9:21 am. During that time, Cheney remained at home. Neither invocation received much attention in the press. In the view of commentator Adam Gustafson, George W. Bush's unambiguous application of Section 3 "rectified" President Reagan's "ambivalent invocation" and provided an example of
8610-405: The amendment's ratification remained incomplete. On February 23, 1967, at the White House ceremony certifying the ratification, Johnson said: It was 180 years ago, in the closing days of the Constitutional Convention, that the Founding Fathers debated the question of Presidential disability. John Dickinson of Delaware asked this question: "What is the extent of the term 'disability' and who
8733-490: The chairman of the Senate Judiciary Committee's Subcommittee on Constitutional Amendments , a longtime advocate for addressing the disability question, spearheaded the effort until he died in August 1963. Keating was defeated in the 1964 election, but Senator Roman Hruska of Nebraska took up Keating's cause as a new member of the Subcommittee on Constitutional Amendments. By the 1960s, medical advances had made it increasingly plausible that an injured or ill president might live
8856-428: The circumstances into account—the President is "unable to discharge the powers and duties" of the office. The amendment does not require that any particular type or amount of evidence be submitted to determine that the President is unable to perform his duties. While the framers did imagine that medical evidence would be helpful to the determination of whether the President is unable, neither medical expertise nor diagnosis
8979-401: The close of these discussions, on September 8, a Committee of Style and Arrangement, including Alexander Hamilton from New York , William Samuel Johnson from Connecticut , Rufus King from Massachusetts , James Madison from Virginia, and Gouverneur Morris from Pennsylvania, was appointed to distill a final draft constitution from the 23 approved articles. The final draft, presented to
9102-420: The convention on September 12, contained seven articles, a preamble and a closing endorsement , of which Morris was the primary author. The committee also presented a proposed letter to accompany the constitution when delivered to Congress. The final document, engrossed by Jacob Shallus , was taken up on Monday, September 17, at the convention's final session. Several of the delegates were disappointed in
9225-998: The creation of state constitutions . While the ideas of unalienable rights, the separation of powers and the structure of the Constitution were largely influenced by the European Enlightenment thinkers, like Montesquieu , John Locke and others, Benjamin Franklin and Thomas Jefferson still had reservations about the existing forms of government in Europe. In a speech at the Constitutional Convention Franklin stated, "We have gone back to ancient history for models of Government, and examined different forms of those Republics ... And we have viewed modern States all round Europe but find none of their Constitutions suitable to our circumstances." Jefferson maintained, that most European governments were autocratic monarchies and not compatible with
9348-418: The document. The original U.S. Constitution was handwritten on five pages of parchment by Jacob Shallus . The first permanent constitution, it is interpreted, supplemented, and implemented by a large body of federal constitutional law and has influenced the constitutions of other nations. From September 5, 1774, to March 1, 1781, the Second Continental Congress , convened in Philadelphia in what today
9471-418: The end of an impeachment trial ; in contrast, should Congress be called upon to decide the question of the president's ability or inability under Section 4, presidential authority remains in the hands of the vice president (as acting president) unless and until the question is resolved in the president's favor. Article II, Section 1, Clause 6 of the Constitution reads: In Case of
9594-418: The federal judiciary. On July 24, a Committee of Detail , including John Rutledge (South Carolina), Edmund Randolph (Virginia), Nathaniel Gorham (Massachusetts), Oliver Ellsworth (Connecticut), and James Wilson (Pennsylvania), was elected to draft a detailed constitution reflective of the resolutions passed by the convention up to that point. The Convention recessed from July 26 to August 6 to await
9717-433: The first senators and representatives, the first Wednesday of January (January 7, 1789); electing the first president, the first Wednesday of February (February 4); and officially starting the new government, the first Wednesday of March (March 4), when the first Congress would convene in New York City. As its final act, the Congress of Confederation agreed to purchase 10 square miles from Maryland and Virginia for establishing
9840-480: The focus of each Article remains the same as when adopted in 1787. Article I describes the Congress , the legislative branch of the federal government. Section 1 reads, "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives ." The article establishes the manner of election and the qualifications of members of each body. Representatives must be at least 25 years old, be
9963-415: The founders drew heavily upon Magna Carta and the later writings of "Enlightenment rationalism" and English common law . Historian Daniel Walker Howe notes that Benjamin Franklin greatly admired David Hume , an eighteenth-century Scottish philosopher, and had studied many of his works while at Edinburgh in 1760. Both embraced the idea that high-ranking public officials should receive no salary and that
10086-467: The idea of separation had for its purpose the even distribution of authority among the several branches of government. The English Bill of Rights (1689) was an inspiration for the American Bill of Rights. Both require jury trials , contain a right to keep and bear arms , prohibit excessive bail and forbid " cruel and unusual punishments ". Many liberties protected by state constitutions and
10209-427: The judgment", a situation the Constitution did not address. Lawmakers and lawyers drafting the amendment wanted no such "Article 184 situation" in which the vice president or others could depose the president merely by saying that he was "disabled". In 1963, Senator Kenneth Keating of New York proposed a Constitutional amendment that would have enabled Congress to enact legislation providing for how to determine when
10332-431: The letter and the spirit of the Articles. In September 1786, during an inter–state convention to discuss and develop a consensus about reversing the protectionist trade barriers that each state had erected, James Madison questioned whether the Articles of Confederation was a binding compact or even a viable government. Connecticut paid nothing and "positively refused" to pay U.S. assessments for two years. A rumor at
10455-757: The lower class was a better judge of character when it came to choosing their representatives. In his Institutes of the Lawes of England , Coke interpreted Magna Carta protections and rights to apply not just to nobles, but to all British subjects. In writing the Virginia Charter of 1606 , he enabled the King in Parliament to give those to be born in the colonies all rights and liberties as though they were born in England. William Blackstone's Commentaries on
10578-548: The lower house and equal representation in the upper house (the Senate) giving each state two senators. While these compromises held the Union together and aided the Constitution's ratification, slavery continued for six more decades and the less populous states continue to have disproportional representation in the U.S. Senate and Electoral College . Since the Constitution became operational in 1789, it has been amended 27 times. The first ten amendments, known collectively as
10701-464: The need for balanced forces pushing against each other to prevent tyranny (reflecting the influence of Polybius 's 2nd century BC treatise on the checks and balances of the Roman Republic ). In his The Spirit of Law , Montesquieu maintained that the separation of state powers should be by its service to the people's liberty: legislative, executive and judicial, while also emphasizing that
10824-813: The newly formed Commission on Public Integrity , which will be formed from the Ethics Committee and the State Commission on Lobbying. In addition, Feerick has also chaired the Ethics Committee of the Dispute Resolution Section of the American Bar Association . From 1987-1999, he was president of the Citizens Union Foundation. From 1992-1994, he was president of the New York City Bar Association . He has also been president of
10947-474: The office as Acting President. Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department [ sic ] or of such other body as Congress may by law provide, transmit within four days to
11070-517: The office of vice president before the next presidential election. This was as opposed to the Keating–Kefauver proposal, which provided neither for filling a vacancy in the office of vice president before the next presidential election nor a process for determining presidential disability. In 1964, the American Bar Association endorsed the type of proposal Bayh and Celler advocated. On January 28, 1965, President Johnson endorsed S.J. Res. 1 in
11193-533: The office, qualifications, and duties of the President of the United States and the Vice President . The President is head of the executive branch of the federal government , as well as the nation's head of state and head of government . Article two is modified by the 12th Amendment , which tacitly acknowledges political parties, and the 25th Amendment relating to office succession. The president
11316-399: The other mentioning only that Reagan was mindful of its provisions. On July 13, Reagan signed the letter mentioning that he was mindful of Section 3 before being placed under general anesthesia for a colectomy , and Vice President George H. W. Bush was acting president from 11:28 a.m. until 7:22 pm, when Reagan transmitted a letter declaring himself able to resume his duties. In
11439-551: The people in the states. For the legislature, two issues were to be decided: how the votes were to be allocated among the states in the Congress, and how the representatives should be elected. In its report, now known as the Connecticut Compromise (or "Great Compromise"), the committee proposed proportional representation for seats in the House of Representatives based on population (with the people voting for representatives), and equal representation for each State in
11562-407: The power to regulate and govern military forces and militias , suppress insurrections and repel invasions. It is to provide for naturalization, standards of weights and measures, post offices and roads, and patents; to directly govern the federal district and cessions of land by the states for forts and arsenals. Internationally, Congress has the power to define and punish piracies and offenses against
11685-405: The powers and duties of the presidency but also cannot, or does not, execute the voluntary declaration contemplated by Section 3. It allows the vice president, together with a "majority of either the principal officers of the executive departments or of such other body as Congress may by law provide", to issue a written declaration that the president is unable to discharge his duties. When such
11808-484: The preservation of the Union." The proposal might take effect when approved by Congress and the states. On the appointed day, May 14, 1787, only the Virginia and Pennsylvania delegations were present, and the convention's opening meeting was postponed for lack of a quorum. A quorum of seven states met on May 25, and deliberations began. Eventually 12 states were represented, with Rhode Island refusing to participate. Of
11931-403: The presidency as acting president. It operates automatically, without needing to be explicitly invoked. Section 2 . Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress. Section 2 provides a mechanism for filling a vacancy in the vice presidency. Before
12054-418: The president commissions all the offices of the federal government as Congress directs; and may require the opinions of its principal officers and make " recess appointments " for vacancies that may happen during the recess of the Senate. The president ensures the laws are faithfully executed and may grant reprieves and pardons with the exception of Congressional impeachment . The president reports to Congress on
12177-432: The president resumes his powers and duties. Section 4's requirement of a two-thirds vote in both the House and the Senate is stricter than the Constitution's requirement for impeachment and removal of the president for "high crimes and misdemeanors"—a majority of the House followed by two-thirds of the Senate. In addition, an impeached president retains his authority unless and until the Senate votes to remove him or her at
12300-764: The presidential powers to House Speaker Carl Albert , a Democrat. But once Ford, a Republican, became vice president under Section 2, Nixon's removal became more palatable because it would not change the party holding the presidency, and therefore "the momentum for exposing the truth about Nixon's involvement in Watergate increased". On December 22, 1978, President Jimmy Carter considered invoking Section 3 in advance of hemorrhoid surgery. Since then, presidents Ronald Reagan , George H. W. Bush , Bill Clinton , Barack Obama , and Donald Trump also contemplated invoking Section 3 at various times without doing so. According to Stephanie Grisham , Trump underwent
12423-528: The principle of consent of the governed in his Two Treatises of Government . Government's duty under a social contract among the sovereign people was to serve the people by protecting their rights. These basic rights were life, liberty, and property . Montesquieu's influence on the framers is evident in Madison's Federalist No. 47 and Hamilton's Federalist No. 78 . Jefferson, Adams, and Mason were known to read Montesquieu. Supreme Court Justices ,
12546-556: The process outlined in Article VII of the proposed Constitution, the state legislatures were tasked with organizing "Federal Conventions" to ratify the document. This process ignored the amendment provision of the Articles of Confederation which required unanimous approval of all the states. Instead, Article VII called for ratification by just nine of the 13 states—a two-thirds majority. Two factions soon emerged, one supporting
12669-504: The prospect of defeat, the Federalists relented, promising that if the Constitution was adopted, amendments would be added to secure individual liberties. With that, the anti-Federalists' position collapsed. On June 21, 1788, New Hampshire became the ninth state to ratify. Three months later, on September 17, the Congress of the Confederation certified the ratification of eleven states, and passed resolutions setting dates for choosing
12792-425: The report of this "Committee of Detail". Overall, the report of the committee conformed to the resolutions adopted by the convention, adding some elements. A twenty-three article (plus preamble) constitution was presented. From August 6 to September 10, the report of the committee of detail was discussed, section by section and clause by clause. Details were attended to, and further compromises were effected. Toward
12915-442: The result, a makeshift series of unfortunate compromises. Some delegates left before the ceremony and three others refused to sign. Of the thirty-nine signers, Benjamin Franklin summed up, addressing the convention: "There are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them." He would accept the Constitution, "because I expect no better and because I am not sure that it
13038-477: The states Morris substituted "of the United States" and then listed the Constitution's six goals, none of which were mentioned originally. The Constitution's main provisions include seven articles that define the basic framework of the federal government. Articles that have been amended still include the original text, although provisions repealed by amendments under Article V are usually bracketed or italicized to indicate they no longer apply. Despite these changes,
13161-409: The temporary transfer of the president's powers and duties to the vice president, either on the president's initiative alone or on the initiative of the vice president together with a majority of the president's cabinet . In either case, the vice president becomes the acting president until the president's powers and duties are restored. The amendment was submitted to the states on July 6, 1965, by
13284-675: The time was that a seditious party of New York legislators had opened a conversation with the Viceroy of Canada . To the south, the British were said to be openly funding Creek Indian raids on Georgia, and the state was under martial law . Additionally, during Shays' Rebellion (August 1786 – June 1787) in Massachusetts, Congress could provide no money to support an endangered constituent state. General Benjamin Lincoln
13407-571: The ultimate interpreters of the constitution, have cited Montesquieu throughout the Court's history. (See, e.g. , Green v. Biddle , 21 U.S. 1, 1, 36 (1823). United States v. Wood , 39 U.S. 430, 438 (1840). Myers v. United States , 272 U.S. 52, 116 (1926). Nixon v. Administrator of General Services , 433 U.S. 425, 442 (1977). Bank Markazi v. Peterson , 136 U.S. 1310, 1330 (2016).) Montesquieu emphasized
13530-480: The versions, the amendment's final version passed both houses of Congress and was presented to the states for ratification. Nebraska was the first state to ratify the amendment, on July 12, 1965, and ratification became complete when Nevada became the 38th state to ratify it, on February 10, 1967. When President Lyndon B. Johnson underwent planned surgery in 1965, he was unable to temporarily transfer power to Vice President Hubert H. Humphrey because
13653-480: The young nation's needs. Almost immediately, however, delegates began considering measures to replace the Articles. The first proposal discussed, introduced by delegates from Virginia , called for a bicameral (two-house) Congress that was to be elected on a proportional basis based on state population, an elected chief executive, and an appointed judicial branch. An alternative to the Virginia Plan , known as
13776-574: Was a labor and employment attorney in the law firm of Skadden, Arps, Slate, Meagher & Flom . He joined the firm in 1961 and became a partner in 1968. Feerick has served in numerous appointed public positions. From 1987-1990, he was chair of the New York State Commission on Government Integrity. In 2003, he served on the referee panel in the Campaign for Fiscal Equity v. State of New York school funding case. He also chaired
13899-503: Was completed at the Constitutional Convention , which assembled at Independence Hall in Philadelphia between May 25 and September 17, 1787. Delegates to the convention were chosen by the state legislatures of 12 of the 13 original states ; Rhode Island refused to send delegates. The convention's initial mandate was limited to amending the Articles of Confederation, which had proven highly ineffective in meeting
14022-469: Was confirmed by the Senate and the House on December 10 and 19, respectively, and sworn in on December 19. Feerick writes that the Twenty-fifth Amendment helped pave the way for Nixon's resignation during the Watergate scandal . Nixon and Agnew were Republicans, and in the months immediately following Agnew's resignation, with the vice presidency empty, Nixon's removal or resignation would have transferred
14145-497: Was confirmed by the Senate and the House on November 27 and December 6, respectively, and sworn in on December 6. On August 9, 1974, Nixon resigned due to the Watergate scandal and Ford became president under Section 1, the only president never to have been elected to either the presidency or the vice presidency. The office of vice president was thus again vacant, and on August 20 Ford nominated former New York governor Nelson Rockefeller . Rockefeller
14268-425: Was first, voting unanimously 30–0; Pennsylvania second, approving the measure 46–23; and New Jersey third, also recording a unanimous vote. As 1788 began, Connecticut and Georgia followed Delaware's lead with almost unanimous votes, but the outcome became less certain as leaders in key states such as Virginia, New York, and Massachusetts expressed concerns over the lack of protections for people's rights. Fearing
14391-492: Was in an intensive care unit . After the January 6 United States Capitol attack , President Donald Trump was accused of having incited the incident, and by evening some of his Cabinet members were reportedly considering trying to get Vice President Pence to agree to invoke Section 4. The following states have not ratified: United States Constitution [REDACTED] [REDACTED] The Constitution of
14514-401: Was obliged to raise funds from Boston merchants to pay for a volunteer army. Congress was paralyzed. It could do nothing significant without nine states, and some legislation required all 13. When a state produced only one member in attendance, its vote was not counted. If a state's delegation was evenly divided, its vote could not be counted towards the nine-count requirement. The Congress of
14637-591: Was on a plane at the time of the shooting, and Reagan was out of surgery by the time Bush landed in Washington. In 1995, Birch Bayh , the primary sponsor of the amendment in the Senate, wrote that Section 4 should have been invoked. Physician to the President Daniel Ruge , who supervised Reagan's treatment immediately after the shooting, said he had erred by not having Reagan invoke Section 3 because Reagan needed general anesthesia and
14760-427: Was partly based on common law and on Magna Carta (1215), which had become a foundation of English liberty against arbitrary power wielded by a ruler. The idea of Separation of Powers inherent in the Constitution was largely inspired by eighteenth-century Enlightenment philosophers, such as Montesquieu and John Locke . The influence of Montesquieu, Locke, Edward Coke and William Blackstone were evident at
14883-417: Was protected further by allowing states to count three-fifths of their slaves as part of their populations, for the purpose of representation in the federal government, and by requiring the return of escaped slaves to their owners, even if captured in states where slavery had been abolished. Finally, the delegates adopted the Connecticut Compromise , which proposed a Congress with proportional representation in
15006-553: Was slowly being abolished, against Southern states, whose agricultural economies depended on slave labor. The issue of proportional representation was of similar concern to less populous states, which under the Articles had the same power as larger states. To satisfy interests in the South, particularly in Georgia and South Carolina, the delegates agreed to protect the slave trade, that is, the importation of slaves, for 20 years. Slavery
15129-531: Was the first constitution of the United States. The document was drafted by a committee appointed by the Second Continental Congress in mid-June 1777 and was adopted by the full Congress in mid-November of that year. Ratification by the 13 colonies took more than three years and was completed March 1, 1781. The Articles gave little power to the central government. While the Confederation Congress had some decision-making abilities, it lacked enforcement powers. The implementation of most decisions, including amendments to
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