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Feerick Center for Social Justice

Fordham Law Review

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Continuity in the Presidency: Gaps and Solutions Building on the Legacy of the 25th Amendment

Fordham University School of Law

Fordham Law SchoolFLASH: The Fordham Law Archive of Scholarship and HistoryMiscellaneous Twenty-Fifth Amendment Archive9-27-2017Continuity in the Presidency: Gaps and SolutionsBuilding on the Legacy of the 25th AmendmentFordham Law SchoolFeerick Center for Social JusticeFordham Law ReviewFollow this and additional works at: https://ir.lawnet.fordham.edu/twentyfifth_amendment_miscellaneousPart of the Law CommonsThis Book is brought to you for free and open access by the Twenty-Fifth Amendment Archive at FLASH: The Fordham Law Archive of Scholarshipand History. It has been accepted for inclusion in Miscellaneous by an authorized administrator of FLASH: The Fordham Law Archive of Scholarshipand History. For more information, please contact tmelnick@law.fordham.edu.Recommended CitationFordham Law School, Feerick Center for Social Justice, and Fordham Law Review, "Continuity in the Presidency: Gaps and SolutionsBuilding on the Legacy of the 25th Amendment" (2017). Miscellaneous. 1.https://ir.lawnet.fordham.edu/twentyfifth_amendment_miscellaneous/1Continuity in the Presidency: Gaps and SolutionsBuilding on the Legacy of the  25th AmendmentSeptember 27, 2017Fordham UniversityMcNally Amphitheatre, 140 West 62nd Street, New York CityThis symposium builds on the legacy of the 25th Amendment by reflecting on the amendment’s development and considering proposals to further improve the succession system, 50 years after the amendment’s ratification.Since its ratification on February 10, 1967, the 25th Amendment has helped ensure that the nation will always have an able president.  It resolved constitutional ambiguities and  gaps by clarifying the status of successors  to the presidency and creating procedures  for declaring the president unable and filling  vice presidential vacancies.The American Bar Association and the  Fordham Law Review, two of this symposium’s sponsors (the ABA through its Standing Committee on Election Law), supported the 25th Amendment’s development. The ABA convened a special 12-lawyer conference group whose recommendations influenced the amendment’s content. The ABA also mobilized a national grassroots campaign to secure the amendment’s passage by Congress and ratification in the states. The Fordham Law Review contributed to the amendment by publishing three widely distributed articles by John D. Feerick between 1963 and 1965 that helped inform and promote the amendment’s drafting and ratification.  The Law Review continued publishing material related to the 25th Amendment in the  following decades. Former Fordham Law  Dean William M. Treanor once observed  that “[n]o other law review has published  so much important scholarship on the issue  of presidential succession.”The sponsors welcome the opportunity to continue their engagement on presidential succession issues. During the symposium’s first panel, students from Fordham Law’s second Presidential Succession Clinic will present recommendations they developed over the course of the last academic year. Leading experts in constitutional law and presidential succession and inability will then comment on the recommendations. The second panel will discuss the 25th Amendment’s development with insights from participants in the process and scholars who have studied it. The final panel will feature preeminent experts highlighting reform proposals and discussing events over the past 50 years that illustrate the need for reform.The 25th Amendment would not be part of the Constitution but for the contributions of countless public-minded citizens, government officials, and organizations. This symposium seeks to carry on the spirit of civic engagement that inspired them.About the SymposiumThis symposium is presented by the Feerick Center for Social Justice at Fordham Law School, Fordham Law Review, the ABA Standing Committee on Election Law, and the Bipartisan Policy Center. The organizers are grateful to Judy and Dennis Kenny for their generous support of today’s symposium and reception. This symposium is dedicated to former Senator Birch Bayh of Indiana, one of the great legislators of his time and author of two constitutional amendments.Registration  8:15 – 9:00 a.m.Opening Remarks   9:00 – 9:15 a.m.Julia M. MacAllister Editor-in-Chief, Fordham Law ReviewJohn D. Feerick Norris Professor of Law, Fordham Law SchoolMatthew Diller Dean and Paul Fuller Professor of Law, Fordham Law SchoolPanel 1  9:15 – 11:30 a.m. (break:10:15 –10:30 a.m.)  Recommendations of Fordham University School of Law’s Second Presidential Succession ClinicModeratorJohn Rogan Adjunct Professor, Fordham Law SchoolStudent Presenters from the Presidential Succession ClinicRespondentsRoy Brownell II Washington, D.C., AttorneyJoel K. Goldstein Vincent C. Immel Professor of Law, St. Louis University School of LawRose McDermott David and Mariana Fisher University Professor of International Relations, Brown UniversityRemarks  11:30 – 11:45 a.m. Elizabeth Yang Deputy Director, American Bar Association Lunch  11:45 a.m. –1:15 p.m.Remarks  1:15 –1:30  p.m.Linda A. Klein Immediate Past President, American Bar AssociationPanel 2  1:30 – 3:15 p.m. Crafting the Twenty-Fifth Amendment ModeratorLinda A. Klein Immediate Past President, American Bar AssociationPanelistsLowell Beck Former Assistant Director, American Bar Association –Washington, D.C., OfficeJason Berman Legislative Aide to Former Senator Birch BayhJohn D. Feerick Norris Professor of Law, Fordham Law SchoolJoel K. Goldstein Vincent C. Immel Professor of Law, St. Louis University School of LawRebecca Lubot Lecturer, Rutgers UniversityPanel 3  3:30 – 5:15 p.m. After the Twenty-Fifth Amendment:  The Need for Additional Reforms ModeratorAkhil Reed Amar Sterling Professor of Law, Yale Law SchoolPanelistsLawrence K. Altman Medical Reporter, The New York TimesRoy Brownell II Washington, D.C., AttorneyJohn C. Fortier Director of the Democracy Project,  Bipartisan Policy CenterRobert E. Gilbert Professor Emeritus, Northeastern UniversityJames M. Ronan Professor, Villanova UniversityClosing Remarks  5:15 – 5:30 p.m. Akhil Reed Amar Sterling Professor of Law, Yale Law SchoolReception  5:30 – 6:30 p.m.AgendaGuest Wi-Fi Access1. Go to Settings>Wi-Fi and select Connect-Fordham-WiFi. 2. Open your web browser and navigate to a frequently refreshed URL, such as CNN.com. You will automatically be directed to the Fordham   network welcome page. Select Join as a Guest. (Note: For Apple iOS devices, use only the Safari browser for this process.)3. Agree to the acceptable use policy. You will be directed to a new website. Click Join Now.4. Follow the prompts to complete the process, which includes downloading/installing a small configuration files that allows you to connect   to our public Wi-Fi network. You may need to enter the password for the device/computer to complete the process.5. You’ll receive a message confirming that you’ve joined the network. Click Done.Guest Wi-Fi is available throughout Fordham University’s Lincoln Center campus. While guest access does not expire, on subsequent use with your device/computer, you may be prompted to agree to the acceptable use policy. For more detailed, device- or computer-specific instructions, visit www.fordham.edu/wireless, pick up a more detailed instruction sheet at the information desk, or call the Fordham Law Helpdesk at 212-636-6786.CLE Credits and MaterialsCLE credits have been approved in accordance with the requirements of the New York State CLE Board for six transitional and nontransitional professional practice credits.CLE materials are available for download at law.fordham.edu/clematerials.About the OrganizersThe Feerick Center for Social Justice at Fordham Law School promotes the rights and addresses the problems facing New Yorkers in need. The center works with a broad array of Fordham and outside partners (student groups, centers, nonprofit organizations, legal services providers, and public sector agencies) to respond to the challenges of those needs. Through education and collaboration, the center engages Fordham students, alumni, and faculty to create and implement short- and long-term innovative solutions critical to lasting change. The Feerick Center’s work reflects the motto and mission of Fordham Law School—“In the Service of Others”—and Fordham University’s expansive Jesuit mission and vision. Learn more: law.fordham.edu/feerickcenterThe Fordham Law Review is a scholarly journal serving the legal profession and the public by discussing current legal issues. Approximately 75 articles, written by students or submitted by outside authors, are published each year. Each volume comprises six books, three each semester, totaling over 3,000 pages. Within its six issues, the Law Review publishes five symposia: The Robert L. Levine Lecture, the Philip D. Reed Lecture, an annual ethics symposium, and two additional symposia on varying topics each year. In the United States, the Fordham Law Review is the eighth most cited law review in other legal journals and in judicial decisions, according to a recent study by Washington & Lee University. Managed by a board of 20 student editors, the Law Review is a working journal, not merely an honor society. Still, Law Review membership is considered among the highest scholarly achievements at the Law School.  Learn more: www.fordhamlawreview.orgThe Standing Committee on Election Law is part of the American Bar Association’s Division for Public Services, which is dedicated to apply-ing the knowledge and experience of the legal profession to promotion of the public good. The standing committee was created in 1973 with the purpose of developing and examining ways to improve the federal electoral process. In 1979, a 10-member Advisory Commission was created consisting of representatives of Congress, the president of the League of Women Voters, the chairman and vice chairman of the Federal Election Commission (FEC), election law attorneys, and academics. The Standing Committee and its Advisory Commission are nationally recognized election law experts who are charged with representing the Association’s commitment to ensure that the nation’s election laws are legally sound and are drafted to permit the broadest, least restrictive access by Americans to the ballot box. Learn more: www.americanbar.org/groups/public_services/election_law.htmlThe Bipartisan Policy Center is a nonprofit organization that combines the best ideas from both parties to promote health, security, and opportunity for all Americans. BPC drives principled and politically viable policy solutions through the power of rigorous analysis, painstaking negotiation, and aggressive advocacy. Learn more: bipartisanpolicy.org

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Continuity in the Presidency: Gaps and Solutions Building on the Legacy of the 25th Amendment

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