Throughline: We the People – Succession of Power

Host: Rund Abdelfatah and Ramtin Arablouei
Release Date: August 14, 2025

Introduction: The Problem of Presidential Succession

In the episode titled "We the People: Succession of Power," NPR's Throughline delves into the intricate and often overlooked issue of presidential succession in the United States. Hosted by Rund Abdelfatah and Ramtin Arablouei, the episode explores how constitutional ambiguities surrounding presidential incapacity and succession nearly led to crises and how these concerns culminated in the creation of the 25th Amendment.

John Feerick: The Catalyst for Change

John Feerick, an 89-year-old law professor at Fordham Law School, serves as the central figure in this narrative. In October 1963, two years before the tragic assassination of President John F. Kennedy, Feerick authored a pivotal article in the Fordham Law Review titled "The Problem of Presidential Inability: Will Congress Ever Solve It?" (02:44).

Notable Quote:
"Presidents are mortal. President Garfield's shooting, President Wilson's stroke, and President Eisenhower's heart attack rendered the respective president temporarily unable to exercise the powers and duties of his office."
— John Feerick (06:27)

Feerick was driven by a deep-seated concern about the Constitution's vague provisions regarding what should happen if a president became incapacitated. His relentless research and advocacy were instrumental in spotlighting this critical constitutional gap.

Historical Context: Precedents of Presidential Incapacity

The U.S. has faced several instances where presidential incapacity raised questions about succession:

1. William Henry Harrison (1841): After Harrison's death, Vice President John Tyler assumed the presidency, setting a precedent despite the Constitution's lack of explicit instructions.
2. James Garfield (1881): Garfield survived an assassination attempt but remained incapacitated for 80 days until Vice President Chester Arthur took over.
3. Woodrow Wilson (1919): Suffered a massive stroke, leading his wife, Edith Wilson, to effectively manage presidential duties for the remainder of his term.

These historical episodes underscored the recurrent problem of unclear succession protocols, compelling thinkers like Feerick to seek definitive solutions.

The Turning Point: Kennedy's Assassination

On November 22, 1963, President John F. Kennedy was assassinated in Dallas, Texas. This event thrust the issues Feerick had long championed into the national spotlight. As Rund Abdelfatah narrates:

"Six days after Feerick's article was published, the president was assassinated. Suddenly, the theoretical became tragically real." (07:09)

The immediate chaos and uncertainty surrounding the transition of power underscored the urgent need for clear constitutional guidelines.

The Road to the 25th Amendment

Feerick's advocacy gained momentum post-assassination. Invited to the American Bar Association's (ABA) Special Conference on Presidential Inability in January 1964, he collaborated with legal experts and politicians, including Senator Birch Bayh, to draft a constitutional amendment addressing presidential succession and incapacity (29:11).

Notable Quote:
"I realized that elective politics was not for me, but law reform. And communicating through writings, through talks, would be who I am."
— John Feerick (29:03)

Their collaborative efforts culminated in the proposal of what would become the 25th Amendment. Despite initial setbacks, including congressional adjournment without a vote, persistent advocacy led to its eventual ratification in 1967 (36:12).

Implementation and Early Applications of the 25th Amendment

The 25th Amendment comprises four sections, addressing various scenarios of presidential and vice-presidential vacancies and incapacities:

1. Section 1: Clarifies that the Vice President becomes President if the presidency becomes vacant.
2. Section 2: Provides for the nomination and confirmation of a new Vice President if the position becomes vacant.
3. Section 3: Allows the President to voluntarily transfer power to the Vice President by declaration.
4. Section 4: Enables the Vice President and a majority of the Cabinet to declare the President incapacitated.

Notable Quote:
"Whenever there's a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both houses of Congress."
— John Feerick (43:30)

The amendment saw immediate application during the Nixon administration:

• 1973: Vice President Spiro Agnew resigned amid scandal, leading President Nixon to nominate Gerald Ford as his successor. Ford was confirmed swiftly under Section 2 (36:04).
• 1974: Following Nixon's resignation, Ford ascended to the presidency. He then nominated Nelson Rockefeller as Vice President, again utilizing Section 2, marking the 25th Amendment's crucial role in ensuring governmental continuity (43:07).

Ongoing Relevance and Future Implications

While Sections 1 and 2 have been utilized effectively, Section 4 remains untested. However, its potential significance was highlighted during incidents such as:

• 1981: President Ronald Reagan's surgery after an assassination attempt (38:46).
• Recent Political Discourse: Debates around presidential eligibility and capacity, particularly concerning former President Donald Trump and President Joe Biden, have brought Section 4 into hypothetical discussions (46:43).

Notable Quote:
"We all have an obligation as lawyers to keep hope alive because of the rule of law and our Constitution."
— John Feerick (48:43)

Looking forward, Feerick expresses cautious optimism about the amendment process, emphasizing the enduring importance of constitutional adaptability in addressing emerging governmental challenges.

Conclusion: A Legacy of Preparedness

The "Succession of Power" episode of Throughline underscores the critical importance of clear constitutional guidelines for presidential succession and incapacity. John Feerick's foresight and advocacy played a pivotal role in shaping the 25th Amendment, ensuring that the United States remains resilient in the face of unforeseen crises.

Final Quote:
"I'm not somebody who gives up hope. And I was just that young lawyer that thought that Congress should do something about the 25th Amendment."
— John Feerick (49:01)

Through meticulous research, passionate advocacy, and collaborative effort, Feerick and his contemporaries fortified the constitutional framework, safeguarding the nation's continuity and stability.

Produced by: Rund Abdelfatah, Ramtin Arablouei, Lawrence Wu, and the Throughline team.

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