• Section Four of the Twenty-Fifth Amendment: Easy Cases and Tough Calls

    Author(s):
    Brian Kalt
    Date:
    2019
    Group(s):
    MSU Law Faculty Repository
    Item Type:
    Article
    Permanent URL:
    https://doi.org/10.17613/6v85-w365
    Abstract:
    I have always liked the old joke about the professor attending a presentation on a cure for cancer. During the Q & A he raised his hand and said, "I am sure that will work perfectly in practice . . .but how would it work in theory?" I enjoy theoretical discussions as much as the next person, but I am very happy to be here discussing Section 4 of the Twentyfifth Amendment, one of the most practical provisions in the Constitution. The potential practical effects of Section 4 loom so large that when people talk about "the Twenty-fifth Amendment" nowadays, they are generally referring only to Section 4, even though it is the only section of the amendment that has never been used.1 In most constitutional law cases, the question is, "Can the government do this thing?" For constitutional procedures like Section 4, though, the most consequential question is, "How would this actually play out-in practice?" That will be my focus today.
    Metadata:
    Published as:
    Journal article    
    Status:
    Published
    Last Updated:
    4 weeks ago
    License:
    Attribution
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