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Wake Forest Law Review



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Twenty-Fifth Amendment, presidential inability, separation of powers, vice presidential authorities


In this article, Dean Feerick reviews the history of presidential succession before the Twenty-fifth Amendment's ratification, the debate and discussion leading to the amendment's adoption, and current criticisms of the amendment from the medical and political community. In particular, Feerick addresses current suggestions for the creation of an independent medical panel to determine presidential inability. He argues that such a panel would be contrary to both the principle of separation of powers and the philosophy of the Twenty-fifth Amendment that those closest to the President ,and those accountable to the public, should be entrusted with the power to declare a President disabled. In sum, Feerick rejects arguments in favor of an additional constitutional amendment concerning presidential succession and concludes that the Twenty-fifth Amendment, as implemented today, remains the best possible scheme for the swift and efficient transition of presidential and vice presidential authority.