The Lawfare Podcast: Brian Kalt on Presidential Inability

Jen Patja, David Priess, Brian C. Kalt
Tuesday, November 26, 2019, 12:00 PM

Published by The Lawfare Institute
in Cooperation With
Brookings

Brian Kalt is a professor of law at Michigan State University. In 2012, he wrote "Constitutional Cliffhangers, " a book about all of the gaps in and the potentially disruptive interpretations of the text of the U.S. Constitution. His new book, "Unable: The Law, Politics, and Limits of Section 4 of the Twenty-Fifth Amendment," is about the mere 270 words that comprise that section. David Priess spoke with Brian about the need for something better than what the original Constitution said about presidential incapacity; the drafting of the 25th Amendment and the discussions around its various provisions; how the media, TV shows, movies, and books often get important parts of the 25th Amendment wrong; and how an invocation of the 25th Amendment's 4th section would actually work.



Jen Patja is the editor and producer of the Lawfare Podcast and Rational Security. She currently serves as the Co-Executive Director of Virginia Civics, a nonprofit organization that empowers the next generation of leaders in Virginia by promoting constitutional literacy, critical thinking, and civic engagement. She is the former Deputy Director of the Robert H. Smith Center for the Constitution at James Madison's Montpelier and has been a freelance editor for over 20 years.
David Priess is Director of Intelligence at Bedrock Learning, Inc. and a Senior Fellow at the Michael V. Hayden Center for Intelligence, Policy, and International Security. He served during the Clinton and Bush 43 administrations as a CIA officer and has written two books: “The President’s Book of Secrets,” about the top-secret President’s Daily Brief, and "How To Get Rid of a President," describing the ways American presidents have left office.
Brian C. Kalt is professor of law and the Harold Norris Faculty Scholar at Michigan State University. He is the author of "Unable: The Law, Politics, and Limits of Section 4 of the Twenty-Fifth Amendment."

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