The 25th Amendment and Presidential Succession: A Constitutional Analysis in Light of Recent Debates
https://doi.org/10.24833/0869-0049-2025-2-133-147
Abstract
INTRODUCTION. This comprehensive analysis examines the 25th Amendment of the United States Constitution, focusing on its historical context, current political relevance, and potential implications for American governance. The study explores the amendment's provisions for presidential succession and incapacity against the backdrop of contemporary political debates.
MATERIAL AND METHODS. The research employs a multidisciplinary methodology combining historical analysis of presidential incapacity cases, a comprehensive literature review of constitutional law and governance studies, evaluation of ethical implications through democratic theory, and examination of current political discourse surrounding the amendment.
RESEARCH RESULTS. The study reveals the complex interplay between the amendment's four sections and their practical applications, highlighting the unprecedented nature of Section 4's potential invocation. Analysis demonstrates significant legal costs associated with its implementation, including institutional strain between branches of government, challenges to democratic legitimacy, and the establishment of potentially problematic precedents for future executive-legislative relations.
DISCUSSION AND CONCLUSIONS. The findings underscore that the 25th Amendment represents both a constitutional safeguard and a complex governance challenge, requiring delicate navigation of legal frameworks, political realities, and ethical considerations. The potential invocation of Section 4 carries profound implications for separation of powers, democratic norms, and constitutional interpretation that extend well beyond immediate political considerations. This analysis illuminates the amendment's dual nature as both solution and challenge to the American constitutional system.
About the Author
H. BadawiLebanon
Habib Badawi, Doctor of Philosophy, Professor at the Faculty of Letters and Human Sciences
Georges Matta St., Tal Zaatar, Dekwaneh, Beirut, 1107
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Review
For citations:
Badawi H. The 25th Amendment and Presidential Succession: A Constitutional Analysis in Light of Recent Debates. Moscow Journal of International Law. 2025;(2):133-147. https://doi.org/10.24833/0869-0049-2025-2-133-147