Preventing Presidential Disability Within the Existing Framework of the Twenty-Fifth Amendment

2017University of Arkansas at Little Rock Law Review

Section 3 of the Twenty-Fifth Amendment allows for a President to voluntarily transfer the power of his office to the Vice President during periods of presidential inability. Section 4 of the Twenty-Fifth Amendment allows for the Vice President and a majority of the cabinet to involuntarily remove the President if he is incapable or unwilling to acknowledge that he is unable to discharge the powers of his office. This article will examine the shortcomings of the Twenty-Fifth Amendment and how to improve it responsibly within the existing legal framework.

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Ryan T. Harding is an associate practicing in the Litigation Department of Lewis Rice. Ryan advises clients on their complex litigation matters, and he provides day-to-day counsel to help businesses navigate legal and regulatory compliance issues.