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The Lawfare Podcast

Brian Kalt on Presidential Inability

The Lawfare Podcast

The Lawfare Institute

History, Military, International Relations, Government, Constitutional Law, News, International Law, Current Events, Politics, Rule Of Law, Law, Foreign Policy, Diplomacy, National Security, Intelligence, Terrorism

4.76.4K Ratings

🗓️ 26 November 2019

⏱️ 64 minutes

🧾️ Download transcript

Summary

Brian Kalt is a professor of law at Michigan State University. In 2012, he wrote "Constitutional Cliffhangers, " a book about all of the gaps in and the potentially disruptive interpretations of the text of the U.S. Constitution. His new book, "Unable: The Law, Politics, and Limits of Section 4 of the Twenty-Fifth Amendment," is about the mere 270 words that comprise that section. David Priess spoke with Brian about the need for something better than what the original Constitution said about presidential incapacity; the drafting of the 25th Amendment and the discussions around its various provisions; how the media, TV shows, movies, and books often get important parts of the 25th Amendment wrong; and how an invocation of the 25th Amendment's 4th section would actually work.

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Transcript

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0:00.0

The following podcast contains advertising to access an ad-free version of the LawFair

0:07.2

podcast become a material supporter of LawFair at patreon.com slash LawFair.

0:14.7

That's patreon.com slash LawFair.

0:18.2

Also, check out LawFair's other podcast offerings, rational security, chatter, LawFair

0:25.6

no bull and the aftermath.

0:34.0

It would be dangerous to overuse to misuse section 4 because it would be like 24 in homeland

0:40.7

and these shows where they just don't like what he's doing.

0:44.0

So you'd need one other element here.

0:47.0

If you think that he's not just doing a bad job but he's actually off his rocker in a

0:53.3

dangerous way, not just that you think he's impaired but that he's creating this existential

0:59.5

threat.

1:01.1

Section 4 gives us a little room to say, well at a certain point the crazier his order

1:06.9

is, the more damaging it would be, the more urgent it is to stop him quicker than impeachment

1:12.3

could do.

1:15.2

I'm David Priest and this is the LawFair podcast, November 26, 2019.

1:21.2

Brian Calt is the professor of Law at Michigan State University.

1:25.4

Back in 2012 he wrote constitutional cliffhangers, a book about all of the gaps in and the

1:31.4

potentially disruptive interpretations of the Constitution's text.

1:37.0

While he's back again with a new book called Unable, the Law, Politics and Limits of

1:43.1

section 4 of the 25th Amendment.

1:46.6

The book is only about the 270 words in the fourth section of that amendment.

1:53.0

In this conversation I talk with him about the need for something better than what the

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