Dean Emeritus and Norris Professor of Law John D. Feerick ’61, who helped draft the 25th Amendment in 1964, and Visiting Clinical Professor John Rogan ’14 co-authored an article for The Washington Post on why use of the 25th Amendment should be normalized and not reserved for exceptional circumstances.
Vice President Harris was spared from having to confront any crises that demanded immediate attention during her brief but historic tenure as acting president on Friday morning. Still, President Biden was right to formally transfer his powers and duties to her under the 25th Amendment, even if it was for just 85 minutes so he could undergo a routine colonoscopy with anesthesia.
Some presidents have hesitated to make that decision, given the serious implications. But the 25th Amendment should not be reserved for exceptional circumstances. Invoking it should be as routine as having a colonoscopy.
The purpose of the 25th Amendment’s inability provisions is to prevent gaps in presidential leadership. For the amendment to work as intended, the president and other officials need to plan for its uses and invoke it whenever it is appropriate. That includes normalizing use of the amendment by routinely transferring powers and duties for even short inabilities, such as when the president is unconscious for medical procedures such as the one Biden underwent.
Read the full article.
