Presidential inability: Filling in the gaps

2014 ◽  
Vol 33 (2) ◽  
pp. 11-36
Author(s):  
John D. Feerick

This article focuses on potential gaps caused by the absence from the Twenty-Fifth Amendment of provisions to deal with the disability of a Vice President and the omission from the statutory line of succession law of provisions comparable to Sections 3 and 4 of the Twenty-Fifth Amendment for when there is an able Vice President. The analysis offers a critical review of the latent ambiguities in the succession provision to the United States Constitution, noting problems that have arisen from the time of the Constitutional Convention, to John Tyler's accession to office, to numerous disability crises that presented themselves throughout the twentieth century, to the present day. As the world becomes more complex and threats to the presidency more common, continued examination of our succession structure and its adequacy for establishing clear and effective presidential succession provisions under a broad range of circumstances is of paramount concern. This article embraces this robust discussion by offering some suggestions for improving the system in a way that does not require a constitutional amendment. The first part of the analysis traces the events that have driven the development of the nation's succession procedures. The second part examines the inadequacies, or “gaps,” that remain in the area of presidential inability, and the third part sets forth recommendations for resolving these gaps.

2015 ◽  
Vol 4 (1) ◽  
Author(s):  
Siluvai Raja

Education has been considered as an indispensable asset of every individual, community and nation today. Indias higher education system is the third largest in the world, after China and the United States (World Bank). Tamil Nadu occupies the first place in terms of possession of higher educational institutions in the private sector in the country with over 46 percent(27) universities, 94 percent(464) professional colleges and 65 percent(383) arts and science colleges(2011). Studies to understand the profile of the entrepreneurs providing higher education either in India or Tamil Nadu were hardly available. This paper attempts to map the demographic profile of the entrepreneurs providing higher education in Arts and Science colleges in Tamil Nadu through an empirical analysis, carried out among 25 entrepreneurs spread across the state. This paper presents a summary of major inferences of the analysis.


1989 ◽  
Vol 83 (1) ◽  
pp. 86-90
Author(s):  
Rose Cecile Chan

Plaintiffs, Sperry Corp. and Sperry World Trade Inc. (Sperry), received an award from the Iran-United States Claims Tribunal (Tribunal). Upon payment of the award, the United States deducted 2 percent of the total amount pursuant to a directive license issued by the Secretary of the Treasury regarding recovered claims by U.S. nationals against Iran. When plaintiffs challenged the authority of the Treasury to make the deduction and the United States Claims Court announced a preliminary ruling that concurred with plaintiffs’ position, the Executive persuaded Congress to approve legislation authorizing specified percentages to be deducted by the United States from Tribunal awards to U.S. citizens. Responding to the plaintiffs’ challenge to the constitutionality of the newly enacted statute, the United States Claims Court dismissed the suit and, on appeal, the United States Court of Appeals for the Federal Circuit (per Meyer, J.) reversed and held: that the deduction constitutes a taking without compensation in violation of the Fifth Amendment to the United States Constitution. In September 1988, the United States filed notice of appeal with the Supreme Court.


Author(s):  
Franz Neumann

This chapter considers a variety of methods of treating Germany. The main objective of the United Nations in the treatment of Germany is to prevent it from ever again becoming a threat to the security of the world. The problem of securing this objective could be approached through destruction of Germany's industrial potential, destruction of Germany as a political entity, and removal from German society of the causes of aggression. The chapter shows that the first two solutions should be deferred until it is clear that the third alternative proves unworkable. In order to eliminate the causes of aggressiveness in German society, temporary and long-term disabilities should be imposed upon Germany. The chapter also examines the causes of German aggression, the United States' policy toward Germany, short-term measures during the period of military government, conditional measures during the probationary period, and permanent impositions upon Germany.


2002 ◽  
Vol 6 (4) ◽  
pp. 218-242
Author(s):  
Mark Berger

The Fifth Amendment of the United States Constitution provides that no person may be compelled in any criminal case to be a witness against himself. The Boyd decision in 1886 recognised an intimate relation between the privilege against self-incrimination and the restrictions on search and seizure in the Fourth Amendment and created a virtually impenetrable barrier to government demands that a suspect or defendant be compelled to produce evidence against himself. However, since that time the Supreme Court has progressively restricted the scope of Fifth Amendment protection in relation to the compelled production of evidence. This has been achieved by requiring all citizens to appear before grand juries; by denying Fifth Amendment protection to entities; by holding that the compelled production of evidence does not breach the Fifth Amendment unless the very act of production is self-incriminatory; and by denying the privilege in relation to required records. The Supreme Court's stance reflects a recognition of the complexity of contemporary law enforcement problems and may be seen as an attempt to balance the state's interest in the successful prosecution of crime against the citizen's interest in being free from state intrusion. The effect of the Supreme Court's reforms has been to broaden government authority to compel offenders to assist in their own prosecutions whilst limiting Fifth Amendment protection to incrimination through the accused's own testimony or its equivalent.


1959 ◽  
Vol 13 (3) ◽  
pp. 475-478

The third part of the tenth session of the Consultative Assembly of the Council of Europe was held from January 19 to 22, 1959. Mr. Hamdi Ragip Atademir (Turkish Democrat), Vice-President of the Assembly, informed the Assembly that the President had sent invitations to the United States Congress and to the Canadian Parliament with a view to organizing a second Strasbourg Conference between delegations of the two parliaments in question and a delegation of the Consultative Assembly. Acting on behalf of Mr. Selwyn Lloyd, Chairman of the Committee of Ministers, Lord Lansdowne, United Kingdom Undersecretary of State for Foreign Affairs, then presented the Second Supplementary Report of the Committee to the Assembly. Speakers in the general debate on the Report stressed the necessity for better coordination of these two main organs of the Council.


1976 ◽  
Vol 77 ◽  
pp. 33-49

It is now clear that output in the OECD countries rose even faster in the early stage of the recovery than we had previously supposed. Between the third quarter of 1975 and the first quarter of 1976 their aggregate GDP appears to have increased at an annual rate of 7 per cent and their industrial production at 12 per cent. By the second quarter, however, stock movements were probably making a substantially smaller contribution to the expansion of demand. The rate of growth of industrial production has slowed down considerably since the spring and the same is probably true of GDP, particularly in view of the effects of the drought on European agricultural output. By the second half of next year we expect the deceleration to become more pronounced in the major countries, particularly the United States. The smaller countries have, however, been lagging behind their bigger trading partners in the recent cycle and their phase of rapid recovery is probably yet to come. In all we expect OECD countries' aggregate GDP to increase in volume by 5½–6 per cent this year and 5 per cent in 1977.


1943 ◽  
Vol 89 (374) ◽  
pp. 42-51 ◽  
Author(s):  
Donald Blair

In March, 1939. there was admitted under my care at the St. Pancras Hospital Mental Observation Unit a case of torulosis of the nervous system. This is a very rare disease in this country and the present case is only the third recorded in British medical history (Greenfieldet al., 1938; Smith and Crawford, 1930), and the first one to have come under mental hospital supervision. Although such a rarity here, torulosis is more common in the United States, and cases have been reported from nearly every part of the world.


1979 ◽  
Vol 9 (1-2) ◽  
pp. 21-23
Author(s):  
John Stockwell

Following several years of shocking revelations about the United States intelligence service, we now have a unique opportunity to rethink our objectives in the Third World, especially in Africa, and to modify our intelligence activities to complement rather than contradict sound, long term policies. The revelations, and their related publicity, have been a healthy exercise, making the American public aware of what enlightened people throughout the world already knew, that CIA operations had plumbed the depths of assassination, meddlesome covert wars, and the compulsive recruitment of foreign officials to commit treason on our behalf; activities which, if they did not border on international terrorism, certainly impressed their victims as harsh and cruel, whatever their bureaucratic authentication and national security justification in Washington.


2016 ◽  
Author(s):  
Joes Segal

In Art and Politics, Segal explores the collision of politics and art in seven enticing essays. The book explores the position of art and artists under a number of different political regimes of the twentieth and twenty-first centuries, traveling around the world to consider how art and politics have interacted and influenced each other in different conditions. Joes Segal takes you on a journey to the Third Reich, where Emil Nolde supported the regime while being called degenerate; shows us Diego Rivera creating Marxist murals in Mexico and the United States for anti-Marxist governments and clients; ties Jackson Pollock's drip paintings in their Cold War context to both the FBI and the CIA; and considers the countless images of Mao Zedong in China as unlikely witnesses of radical political change.


2016 ◽  
Vol 17 (3) ◽  
pp. 473-514 ◽  
Author(s):  
SHENNETTE GARRETT-SCOTT

In early December 1923 in Memphis, Tennessee, Minnie Geddings Cox sat in a hastily arranged board meeting across from Heman Perry, clear now that the man she had believed her advocate was most assuredly her adversary. Cox and Perry, a man Forbes magazine would describe in 1924 as the richest Negro in the world, spent nearly a year maneuvering a merger to join her company, Mississippi Life Insurance Company, the third largest black-owned life insurance company in the United States, with his Standard Life of Atlanta, which ranked second.1 They shared a vision to create the largest black-owned life insurance company in the United States—or so Cox thought.


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