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.
Summary:
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.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.