Saturday, April 11, 2026

A 25th Amendment reading list - Garrett Epps

A 25th Amendment reading list - Prof. Garrett Epps

 Prof. Garrett Epps has developed a 25th Amendment reading list. Prominent is the work of my Fordham colleague and former Dean  John Feerick.

A lot of people are discussing the XXV Amendment with what seems to me to be only a foggy sense of what is actually in it. If you are curious about the meaning and history of the Amendment, then this list is for you:
25th Amendment Reading list
Night of Camp David
Fletcher Knebel
Begin with this book because 1) it tells the story of a president who wants to take over Canada and parts of Scandinavia at which point everybody realizes he is insane; 2) it shows the scary state of play just before the passage of the XXV Amendment; 3) it lets you test whether the Amendment has improved the ability to handle the “crazy President” problem; 4) it’s fun.
Birch Bayh, One Heartbeat Away: Presidential Disability and Succession (Bobbs-Merrill, 1968). The sponsor of the Amendment tells the story from his point of view.
John Feerick, From Failing Hands: The Story of Presidential Succession (Fordham University Press, 1965). A look at the history of the problem by the man who is most responsible for the drafting and adoption of the XXV Amendment
___________, The Twenty-Fifth Amendment: Its Complete History and Applications (2nd ed.). An account of the drafting of the Amendment and what it means to a “crazy President” situation. https://www.amazon.com/.../082321.../ref=tmm_pap_swatch_0...
Brian C. Kalt, Constitutional Cliffhangers: A Legal Guide for Presidents and Their Enemies (Yale University Press, 2012). A wonderful book by a fine scholar who spent a lot of time looking at the Constitution and asking “What could go wrong?” (Answer: a lot). https://yalebooks.yale.edu/.../constitutional-cliffhangers/
____, Unable: The Law, Politics, and Limits of Section 4 of the Twenty-Fifth Amendment
A very short and clear explanation of why the Amendment is not a very good protection against the “crazy president” problem.


 

Wednesday, April 8, 2026

Robert Reich: Trump's Defeat in Iran


 https://robertreich.substack.com/p/how-to-defeat-trump-every-time?utm_source=substack&utm_medium=email&utm_campaign=email-restack-comment&r=zv1g&triedRedirect=true

By Robert Reich [former U.S. Secretary of Labor]

Friends,

Last night, 90 minutes before Trump said he’d cause the death of a “whole civilization” if Iran didn’t open the Strait of Hormuz, an Iranian official said the shipping channel would be reopened for two weeks if the United States stopped bombing Iran. The U.S. has now stopped bombing Iran.

So we’re back to the status quo before Trump began his war. Only now, Iran can credibly threaten to close the strait if it doesn’t get what it wants from Trump — thereby causing havoc to the U.S. (and world) economies. Trump’s only remaining bargaining leverage is the threat of committing war crimes.

In other words, last night’s showdown was a clear victory for Iran and a clear defeat for Trump (although he’ll frame it as a victory).

The Iran fiasco is only the latest in a host of examples revealing how to defeat Trump.

In addition to Iran, similar strategies have been used by China, Russia, Canada, Mexico, and Greenland. Inside the United States, the people of Minneapolis have used them, as have Harvard University, comedian Jimmy Kimmel, writer E. Jean Carroll, and the law firms Perkins Coie, Jenner & Block, Susman Godfrey, and WilmerHale.

What’s the strategy that connects them all?All refused to cave to Trump, despite his superior military or economic power. Instead, they’ve engaged in a kind of jujitsu in which they use Trump’s power against him, while allowing Trump to save face by claiming he’s won. Consider:

Iran knew it was no match for the superior might of the U.S. (and Israel). So it used cheap drones and missiles to close the Strait of Hormuz and incapacitate other Gulf oil installations, thereby driving up the prices of oil and gas at the pump in the U.S., which has put growing political pressure on Trump, months before a midterm election. Hence, Trump has been forced stop his war.

KEEP READING