Not quite a collegiate matter, but related to the Constitution and presidential indictments:
Do you think the 25th Amendment's provision allowing the President to cede control to the vice president—e.g. as used by Bush while undergoing medical treatment—is a viable counter to conventional wisdom that sitting presidents cannot be indicted without impeachment?
As far as I've heard—Ronald Rotunda's recently publicized memo to Kenneth Starr notwithstanding—current thought on the unindictability of current presidents rests on claims that such an indictment (and associated defense) would preclude the president from carrying out the duties of his office, but I'm wondering if the 25th Amendment provides a legal counter to this thought. Have there been any research or arguments made to this effect?
JuDGe369027 karma
Not quite a collegiate matter, but related to the Constitution and presidential indictments:
Do you think the 25th Amendment's provision allowing the President to cede control to the vice president—e.g. as used by Bush while undergoing medical treatment—is a viable counter to conventional wisdom that sitting presidents cannot be indicted without impeachment?
As far as I've heard—Ronald Rotunda's recently publicized memo to Kenneth Starr notwithstanding—current thought on the unindictability of current presidents rests on claims that such an indictment (and associated defense) would preclude the president from carrying out the duties of his office, but I'm wondering if the 25th Amendment provides a legal counter to this thought. Have there been any research or arguments made to this effect?
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