The Pandemic, the President and the 25th Amendment

We the People

National Constitution Center

News, News Commentary, History

4.6 • 1.1K Ratings

🗓️ 8 October 2020

⏱️ 51 minutes

🔗️ Recording | iTunes | RSS

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Summary

In light of President Trump and numerous other high-ranking government officials recently contracting COVID-19, this week’s episode explores the 25th Amendment, which outlines what happens if the president becomes unable to discharge the powers and duties of the office. We explore questions related to current concerns including: should President Trump have invoked the 25th Amendment when he was in the hospital? And questions that have arisen throughout American history such as: What happens if a vacancy in the office of president or vice president arises? What mechanisms does the 25th Amendment lay out for coping with that situation, and what scenarios does it fail to provide solutions for? What if the president is unable to fill his role but won’t step aside? And more. Host Jeffrey Rosen is joined by constitutional scholars David Pozen and Brian Kalt, who wrote an essay explaining the 25th Amendment for the National Constitution Center’s Interactive Constitution which you can read here https://constitutioncenter.org/interactive-constitution/interpretation/amendment-xxv/interps/159 Questions or comments about the show? Email us at podcast@constitutioncenter.org.

Transcript

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0:00.0	I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome
0:07.8	to We The People, a weekly show of constitutional debate.
0:11.6	The National Constitution Center is a nonpartisan nonprofit chartered by Congress to increase awareness and understanding of the Constitution among the American people.
0:22.0	In light of the COVID diagnosis of President Trump and other high-ranking government officials,
0:29.0	this week's episode explores the 25th Amendment, which outlines the procedures for presidential succession and disability.
0:37.0	We'll explore presidential succession throughout history, as well as contemporary gaps and issues in the middle of the pandemic and the forthcoming election.
0:47.8	I'm joined by the two authors of the National Constitution Center's Interactive Constitution,
0:54.0	essay on the 25th Amendment,
0:56.2	two of America's leading experts on the amendment
0:59.1	and on presidential succession,
1:00.9	and we're so honored to have both of them.
1:04.0	Brian Kalt is professor of law and the Harold Norris faculty scholar at Michigan State University
1:09.8	Law School.
1:10.8	He's the author of several books including Unable, the Law, Politics, and Limits of Section
1:16.5	4 of the 25th Amendment.
1:20.0	And David Pozen is Vice Dean for Intellectual Life and Charles Keller Beekman, Professor of Law at Columbia Law School.
1:26.0	From 2010 to 2012, Professor Pozen served a special advisor to Harold Hanjou Co, legal advisor at the U.S. Department of State.
1:36.0	Brian David, it is wonderful to have you on the show.
1:39.0	Thanks for having us.
1:40.0	Glad to be here.
1:41.0	Well, let's begin with the 25th Amendment itself.
1:46.0	Listeners can check out your common statement on the amendment, on the interactive constitution.
	...

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