Hostname: page-component-77c89778f8-vsgnj Total loading time: 0 Render date: 2024-07-20T05:23:02.989Z Has data issue: false hasContentIssue false

Coping with presidential disability: The proposal for a standing medical commission

Published online by Cambridge University Press:  17 May 2016

Robert E. Gilbert*
Affiliation:
303 Meserve Hall Northeastern University 360 Huntington Avenue Boston, MA 02115 USA r.gilbert@neu.edu
Get access

Abstract

On June 29, 2002, President George W. Bush invoked the United States Constitution's Twenty-Fifth Amendment, ratified in 1967. By so doing, he helped focus attention on the amendment's two disability provisions, Sections 3 and 4. Section 3 provides for voluntary transfer of power from the president to the vice president and is wholly dependent on the president's wishes. Section 4 provides for involuntary transfers of power, possibly over the president's objection. This controversial provision allows a vice president, with the assent of a majority of the cabinet, to become acting president. Critics have long argued that the vice president and cabinet officers, since they all owe their positions to the president, may be excessively reluctant to act even when action clearly is warranted. Therefore, some of these critics have proposed that a presidential disability commission be established at the beginning of every administration either to act under Section 4 in place of the cabinet or to provide formal and regular medical assessments so as to press for action in the event of presidential inability. I argue that such proposals are unwise and that their implementation would be counterproductive and even dangerous, both to the presidency and to the nation.

Type
Research Article
Copyright
Copyright © Association for Politics and the Life Sciences 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1.Flexner, James Thomas, Washington (Boston: Little, Brown, 1974), p. 261; Ferling, John and Braverman, Lewis E., “John Adams's Health Reconsidered,” William and Mary Quarterly, Fall, 1998, p. 83; Brandt, Irving, James Madison: Commander in Chief, 1812–1836 (Indianapolis: Bobbs-Merrill, 1961), p. 210; Marx, Rudolph, The Health of the Presidents (New York: G. P. Putnam's Sons, 1960), p. 131; Post, Jerrold M. and Robins, Robert S., When Illness Strikes the Leader (New Haven: Yale University Press, 1992), pp. 7–9; Crispell, Kenneth R. and Gomez, Carlos F., Hidden Illness in the White House (Durham: Duke University Press, 1988), p. 68; Smith, Gene, When the Cheering Stopped, (New York: William Morrow, 1964), p. 91; Ferrell, Robert H., The Strange Deaths of President Harding (Columbia: University of Missouri Press, 1996), p. 15; Gilbert, Robert E., The Mortal Presidency: Illness and Anguish in the White House, 2nd edition (New York: Fordham University Press, 1998), pp. 32–42, 195, 220–229, 233–240; McIntire, Ross, White House Physician (New York: G. P. Putnam, 1946), pp. 183–84; Mattingly, Thomas, A Compilation of the General Health Status of Dwight D. Eisenhower, box 1, “General Health,” pp. 99–100 (Abilene, Kansas: Dwight D. Eisenhower Library); Travell, Janet, Office Hours, Day and Night (New York: World), 1968, p. 330.Google Scholar
2.Records of the Federal Constitution of 1787, Farrand, Max, ed. (New Haven: Yale University Press, 1966), p. 495.Google Scholar
3.Goldstein, Joel K., “The New Constitutional Vice Presidency,” Wake Forest Law Review, Fall, 1995, p. 517.Google Scholar
4.Gilbert, , The Mortal Presidency, pp. 85112.Google Scholar
5.Feerick, John D., The Twenty-Fifth Amendment (New York: Fordham University Press, 1992), pp. 197, 200.Google Scholar
6.Reagan, Ronald, An American Life (New York: Simon and Schuster, 1990), p. 500.Google Scholar
7.The New York Times, June 30, 2002, p. 1.Google Scholar
8.Williams, Irving G., The Rise of the Vice Presidency (Washington, D.C.: Public Affairs Press, 1956), p. 7.Google Scholar
9.Nixon, Richard M., Six Crises (Garden City: Doubleday, 1962), pp. 140141.Google Scholar
10.Bush, George, Looking Forward (New York: Doubleday, 1987), p. 223.Google Scholar
11.Fenno, Richard F., The President's Cabinet (Cambridge: Harvard University Press, 1959), p. 5.Google Scholar
12.Smith, Gene, When The Cheering Stopped, p. 143.Google Scholar
13.Haig, Alexander, Caveat (New York: Macmillan, 1984), p. 160.Google Scholar
14.Reagan, , An American Life, p. 271.Google Scholar
15.M.D.Park, Bert E., “Presidential Disability: Past Experiences and Future Implications,” Politics and the Life Sciences, August, , 1988, p. 59.Google Scholar
16.Gilbert, Robert E., “The Genius of the Twenty-Fifth Amendment: Guarding Against Presidential Disability but Safeguarding the Presidency,” Managing Crisis: Presidential Disability and the 25 thAmendment, Gilbert, Robert E., editor, (New York: Fordham University Press, 2000), p. 45.Google Scholar
17.Report of the Miller Center Commission on Presidential Disability and the Twenty-Fifth Amendment (Lanham, MD: University Press of America, 1988, p. 17.Google Scholar
18.Park, Bert E., “Resuscitating the 25th Amendment: A Second Opinion Regarding Presidential Disability,” Political Psychology, December, 1995, p. 824.Google Scholar
19.American Medical Association, “Guides to the Evaluation of Permanent Impairment,” second edition (Chicago: AMA), 1984.Google Scholar
20.Park, , “Presidential Disability: Past Experiences and Future Implications”, p. 57.Google Scholar
21.M.D.Abrams, Herbert L., “Can the Twenty-Fifth Amendment Deal with a Disabled President? Preventing Future White House Cover-ups,” Presidential Studies Quarterly, Winter, 1999, pp. 118, 129.Google Scholar
22.Abrams, , “Can the Twenty-Fifth Amendment Deal with a Disabled President?” p. 126.Google Scholar
23.M.D.Mohr, Lawrence C., “The White House Physician: Role, Responsibilities and Issues”, Political Psychology, December, 1995, p. 786.Google Scholar
24.The New York Times, May 8, 1985, p. A16.Google Scholar
25.The New York Times, May 31, 1985, p. A17.Google Scholar
26.The New York Times, June 11, 1985, p. 1.Google Scholar
27.The Boston Globe, March 8, 1999, p. B1.Google Scholar
28.Abrams, Herbert L., “Can the Twenty-Fifth Amendment Deal with a Disabled President?” p. 124.Google Scholar
29.Abraham, Henry J., The Judiciary, fourth edition (Boston: Allyn and Bacon), 1977, p. 44.Google Scholar
30.Newsweek, December 25, 2000/January 1, 2001, p. 33.Google Scholar
31.McWilliams, Wilson Carey, “The Meaning of the Election,” in The Election of 2000, Pomper, Gerald M., editor (New York: Chatham House, 2001), p. 178.Google Scholar
32.Abrams, , “Can the Twenty-Fifth Amendment Deal with a Disabled President?” p. 129.Google Scholar
33.Abrams, , “Can the Twenty-Fifth Amendment Deal with a Disabled President?” p. 117; Park, , “Presidential Disability: Past Experiences and Future Implications,” p. 64.Google Scholar
34.Lee, Burton J. III, [Letter], Journal of the American Medical Association, vol. 272, December, 1994, p. 1698.Google Scholar
35.M.D.Mohr, Lawrence C., “Medical Considerations in the Determination of Presidential Disability,” in Managing Crisis: Presidential Disability and the Twenty-Fifth Amendment, p. 103.Google Scholar
36.Bayh, Birch, “Reflections on the Twenty-Fifth Amendment as We Enter a New Century,” in Managing Crisis: Presidential Disability and the Twenty-Fifth Amendment, pp. 61–2.Google Scholar
37.Dr.Immelman, Aubrey, personal communication with the author, August 18, 2001.Google Scholar
38.Report of the Miller Center Commission on Presidential Disability and the Twenty-Fifth Amendment, pp. 25, 27.Google Scholar
39.Disability in U.S. Presidents, Report, Recommendations and Commentaries by the Working Group (Winston-Salem, NC: Bowman Gray Scientific Press), 1997, p. 16.Google Scholar
40.Toole, James F.Joynt, Robert J., editors, Presidential Disability (Rochester: University of Rochester Press, 2001), p. 490.Google Scholar
41.Neustadt, Richard E., Presidential Power and The Modern Presidents (New York: The Free Press, 1990), chapter 4.Google Scholar
42.Cronin, Thomas E.Genovese, Michael A., The Paradoxes of the American Presidency (New York: Oxford University Press, 1998), p. 119.Google Scholar
43.Greenstein, Fred I., The Presidential Difference (Princeton: Princeton University Press, 2000), pp. 194–99.Google Scholar
44.Edwards, George C. IIIWayne, Stephen J., Presidential Leadership (Belmont, California: Wadsworth, 2003), p. 275.Google Scholar
45.Kellerman, Barbara, The Political Presidency (New York: Oxford University Press, 1984), pp. 15, 20–21.Google Scholar
46.Gilbert, Robert E., [commentary], Presidential Disability, Toole, and Joynt, editors, pp. 167–68.Google Scholar
47.Gilbert, , The Mortal Presidency, pp. 91, 97.Google Scholar
48.Mattingly, Thomas, A Compilation of the General Health Status of Dwight D. Eisenhower, box 3, “Cardiovascular System”, part VIII, p. 15 (Abilene, Kansas: Dwight D. Eisenhower Library).Google Scholar
49.Clines, Francis X., “Does Clinton Need to Turn to Ministers, or a Psychologist, Too?” The New York Times, September 17, 1998, p. 14.Google Scholar