The Twenty-Fifth Amendment remains the most successful effort to address continuity problems inherent in the original Constitution or which subsequently developed. Lessons from that experience may help reformers act to resolve at least some of the remaining shortcomings. In addition to its provisions, the Twenty-Fifth Amendment represents certain implicit constitutional values that should guide responses to remaining problems. Moreover, it was the product of successful legislative strategies in an area that generally resists such measures. Although all of these principles and lessons do not point in the same direction and some have limited application to the remaining issues, others should inform efforts to close existing gaps in the system to ensure presidential continuity.
Part I of this Article briefly outlines the context in which the Twenty-Fifth Amendment was proposed and ratified, describes the contributions it has made, and argues that it has worked well. Part II identifies constitutional and legislative principles associated with it. Part III sketches the modern context. Part IV assesses the current line of successors after the Vice President, identifies problems with it, and suggests how some of the principles relating to the Twenty-Fifth Amendment might help remedy some of the remaining problems.
Joel K. Goldstein,
Taking From the Twenty-Fifth Amendment: Lessons in Ensuring Presidential Continuity,
79 Fordham L. Rev. 959
Available at: https://ir.lawnet.fordham.edu/flr/vol79/iss3/10