Throughline Podcast Summary: "We the People: Succession of Power"

Released on March 6, 2025, "We the People: Succession of Power" delves into the historical evolution and critical importance of presidential succession in the United States. Hosted by NPR's Rund Abdelfattah and Ramtin Arablouei, this episode explores the pivotal moments and key figures that shaped the 25th Amendment to the U.S. Constitution.

1. The Assassination of President Kennedy and Its Aftermath

On a warm November day in 1963, a routine women's fashion broadcast on Dallas TV station WFAA was abruptly interrupted by a tragic announcement. John Feerick, a professor at Fordham Law School, relayed the shocking news:

John Feerick [01:34]: "President Kennedy and Governor John Colony have been cut down by assassin's bullets."

The nation plunged into chaos as reports conflicted over the President's status. For an hour, uncertainty lingered about whether President Kennedy and Vice President Lyndon B. Johnson were alive. This tragic event underscored the urgent need for clear constitutional guidelines on presidential succession, a topic that had been previously discussed but remained unresolved.

2. John Feerick’s Quest for Constitutional Clarity

John Feerick, an 88-year-old esteemed professor, had long been obsessed with the ambiguity surrounding presidential succession. His journey began in 1961 when he identified a critical gap in the Constitution:

Ramtin Arablouei [03:27]: "One of the most critical and intriguing constitutional questions ever presented for solution is what happens when the President of the United States becomes incapable of discharging the powers of his office."

In his October 1963 article in the Fordham Law Review, Feerick posed essential questions about the Vice President’s role during a President's incapacity, highlighting the Constitution's lack of explicit instructions beyond Article 2, Section 1, Clause 6.

John Feerick [03:27]: "Does the Vice President become President for the remainder of the term, or merely act as President during the period of inability?"

Despite the pressing nature of these questions, Feerick's article initially received limited attention until President Kennedy's assassination brought the issue to the forefront.

3. From Academic Inquiry to National Imperative

Following the assassination, Feerick's previously academic concerns transformed into a national imperative. His article garnered attention from prominent figures, including Robert F. Kennedy and Richard Nixon, signaling a broader recognition of the need for constitutional reform.

John Feerick [07:00]: "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."

Feerick’s proactive engagement with the American Bar Association (ABA) and his collaboration with Senator Birch Bayh of Indiana were instrumental in shaping the 25th Amendment. Their collective efforts aimed to eliminate the existing ambiguity and prevent potential crises stemming from presidential incapacity.

4. Crafting and Ratifying the 25th Amendment

The ABA convened a Special Conference on Presidential Inability in January 1964, where Feerick presented his well-researched arguments advocating for a constitutional amendment. Key recommendations included:

• Clear Succession Protocol: Power would transfer to the Vice President either temporarily or permanently, based on stringent criteria.
• Checks and Balances: The President, Vice President, and a designated body (such as the Cabinet) would collaboratively determine the President's incapacity to prevent misuse of power.

John Feerick [33:17]: "We need a constitutional amendment. The ABA lawyers, including John, sketched out what this could look like."

Despite initial setbacks, including congressional adjournments, Senator Birch Bayh persisted, reintroducing the amendment in 1965. Through relentless advocacy and widespread educational efforts, the 25th Amendment successfully passed both houses of Congress and received the necessary ratifications from three-fourths of the state legislatures by 1967.

John Feerick [37:11]: "At the White House, a vital piece of legislation reaches President Johnson's desk. It's the 25th Constitutional Amendment providing for the replacement of any disabled president or the filling of any vice presidential vacancy."

5. Implementing the 25th Amendment: Nixon Administration and Beyond

The 25th Amendment swiftly proved its significance during the Nixon administration amidst the Watergate scandal. Vice President Spiro Agnew’s resignation left the nation without a Vice President, triggering Section 2 of the Amendment:

John Feerick [43:44]: "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."

Gerald Ford was nominated and confirmed as Vice President, and subsequently ascended to the presidency following Nixon's resignation in 1974. This series of events marked the 25th Amendment's first real-world application, ensuring continuity and stability in the executive branch.

John Feerick [45:11]: "We never speculated about that scenario, that's for sure. I mean, we'd never had anything like that in our history."

Further invocations of the Amendment included:

• Section 3: Used when Presidents Ronald Reagan, George W. Bush, and Joe Biden underwent medical procedures requiring them to temporarily transfer power.
• Section 4: Although never formally utilized, it remains a critical provision allowing the Vice President and Cabinet to declare a President incapacitated.

Notably, during the 1981 assassination attempt on Reagan, Section 4 was almost invoked, highlighting its ongoing relevance in safeguarding presidential authority.

6. Reflections on the 25th Amendment and Constitutional Amendments

In a reflective conversation, Feerick emphasizes the enduring importance of constitutional amendments in adapting to evolving societal needs:

John Feerick [47:58]: "I respect our Constitution. ... If you want to change the Constitution, it's not easy. But I don't rule out another constitutional amendment, even though it's very hard."

Feerick remains optimistic about the Constitution’s capacity to endure and evolve, advocating for continued vigilance and proactive measures to address emerging challenges in governance.

John Feerick [49:20]: "We all have an obligation as lawyers to keep hope alive because of the rule of law and our Constitution. It's not easy, but that doesn't mean it can't be done."

7. Conclusion: The Legacy of the 25th Amendment

"We the People: Succession of Power" underscores the critical role John Feerick played in shaping the 25th Amendment, ensuring a clear and effective framework for presidential succession. His dedication transformed a scholarly inquiry into a fundamental component of American governance, preventing potential crises and reinforcing the stability of the executive branch.

The episode serves as a testament to the power of individual initiative in constitutional reform and the enduring significance of the 25th Amendment in safeguarding democratic continuity.

Notable Quotes:

• John Feerick [01:34]: "President Kennedy and Governor John Colony have been cut down by assassin's bullets."
• John Feerick [03:27]: "Does the Vice President become President for the remainder of the term, or merely act as President during the period of inability?"
• John Feerick [07:00]: "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 [33:17]: "We need a constitutional amendment."
• John Feerick [45:11]: "We never speculated about that scenario, that's for sure. I mean, we'd never had anything like that in our history."
• John Feerick [47:58]: "I respect our Constitution. ... If you want to change the Constitution, it's not easy. But I don't rule out another constitutional amendment, even though it's very hard."
• John Feerick [49:20]: "We all have an obligation as lawyers to keep hope alive because of the rule of law and our Constitution. It's not easy, but that doesn't mean it can't be done."

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