Unable: The Law, Politics, and Limits of Section 4 of the Twenty-Fifth Amendment

by Brian C. Kalt

Overview

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. Meanwhile, Section 4 has become a mainstay in television dramas, which usually represents it inaccurately.

The country needs this complicated but essential topic explained. Unable: The Law, Politics, and Limits of Section 4 of the Twenty-Fifth Amendment is designed to educate and inform the public about Section 4 in an evenhanded and accessible way. This book is not about President Trump; it offers no opinions on his fitness for office. By the end of the book, though, it will be clear how Section 4 applies to him, as well as to any other president.

Product Details

ISBN-13:	9780190083199
Publisher:	Oxford University Press
Publication date:	10/14/2019
Pages:	228
Product dimensions:	5.60(w) x 8.40(h) x 0.90(d)

About the Author

Brian C. Kalt is a professor of law and the Harold Norris Faculty Scholar at Michigan State University College of Law.

Table of Contents

Introduction

PART I - HOW SECTION 4 WORKS
Chapter One - Section 4 Basics
Chapter Two - Correcting a Few Misconceptions
Chapter Three - Trickier Questions

PART II - HISTORY: FACT AND FICTION
Chapter Four - Presidential Disability Before Section 4
Chapter Five - Section 4: Creation, Evolution, and Approval
Chapter Six - Presidential Inability since 1967
Chapter Seven - Section 4 in Fiction

PART III - SECTION 4 IN "PRACTICE"
Chapter Eight - Section 4's Simple Core
Chapter Nine - Tough Calls
Chapter Ten - The Four-Day Wait
Chapter Eleven - Other Questions
Chapter Twelve - Don't Just Sit There, Do Something!

PART IV - SECTION 4 IN THEORY
Chapter Thirteen - Section 4 and Constitutional Law
Chapter Fourteen - Improving Section 4

Endnotes

Editorial Reviews

"If your thoughts have wandered to the subject of how to remove the President, Unable couldn't be more timely. With this deep dive into Section 4 of the 25th Amendment, Brian Kalt exposes the misunderstandings and hyperbole of the law in precise, often humorous, and very readable detail. Lawmakers, Cabinet officials, and partisans on both sides should find themselves reaching for this book." — C.J. Box, #1 New York Times Bestselling Author of Wolf Pack

"In this highly entertaining and informative book, Brian Kalt provides a superb education on Section 4's nuances and wrinkles, imagining fascinating hypothetical scenarios to help readers understand how the provision works. I highly recommend it to anyone who wants to know more about the 25th Amendment." — John D. Feerick, Norris Professor of Law and Dean Emeritus, Fordham University School of Law

"Professor Kalt's masterful explanation of what Section 4 does - and does not - allow answers the questions anti- and pro-Trump partisans have about the amendment's potential use. It will not satisfy either side - a very reassuring result." — Henry Olsen, Columnist, The Washington Post; Senior Fellow, Ethics and Public Policy Center

"No one else has Brian Kalt's command of this formerly obscure, suddenly relevant part of the Constitution. I suspect that moving forward, it is to Unable that presidents, politicians, the press, and pundits will turn when in need of a sober understanding of the 25th Amendment." — Michael Smerconish, Sirius XM and CNN host

"As in his prior work on constitutional law and the presidency, Brian Kalt explains in a thoughtful and engaging way the workings of an important but often misunderstood part of the Constitution. This work will inform interested citizens yet also stimulate thought among scholars in the field." — Joel K. Goldstein, Vincent C. Immel Professor of Law, Saint Louis University School of Law

From the Publisher