Document Type
Article
Abstract
This article examines the role of the White House Counsel in counseling and advising the President and administration about the provisions of the Twenty-fifth Amendment providing for removal of the President when the President is unable to perform the duties of office. Throughout the amendment's history, presidents and their advisors have been reluctant to formally invoke it, fearing that a public admission of "disability" will weaken a president's political influence. The White House Counsel must often navigate between the legal and constitutional requirements of the amendment, on the one hand, and considerations of a President's continued political viability, on the other, navigating the clash between law and politics. Consequently, the Counsel plays a key role during especially fraught and uncertain times, when the nation most needs assurance of the stable continuity of government.
Recommended Citation
Nancy Kassop, The Role of the White House Counsel in the Twenty-fifth Amendment: Advising on Presidential Disability, 10 ConLawNOW 251 (2019)