On the evening of August 8, 1974, President Richard Nixon addressed the nation and announced his intention to resign following the Watergate scandal. Fordham Law Dean Emeritus John D. Feerick ’61 and Senior Fellow John Rogan ’14, who teach the Rule of Law Clinic, published an op-ed in The Hill during the week of the 50th anniversary, arguing that Nixon’s resignation might not have happened—at least not when it did—without the U.S. Constitution’s 25th Amendment and its vice presidential replacement procedure.
Two years after graduating from Fordham Law, Feerick played a central role in framing the 25th Amendment, which deals with presidential succession and inability.
The 25th Amendment’s role in moving the nation beyond the Watergate scandal by providing for a smooth transition of power is often overlooked. Framed in response to the 1963 assassination of President John F. Kennedy, the amendment had been ratified only six years before Nixon used it to nominate Ford. A major impetus for the amendment’s drafting was the need for procedures to declare presidential inabilities. Yet, the amendment saw its first—and most consequential use—through the Ford appointment.
The story of the amendment’s use then is more than a historical footnote. The way members of Congress acted in considering Ford’s nomination is an example of elevating the country’s interests over partisanship. The patriotism they showed is what makes the 25th Amendment and other constitutional provisions work.
Read “How the Constitution’s 25th Amendment helped the nation move beyond Watergate” in The Hill.
