Fordham Law Review Volume 79 Issue 3 Article 5 2010 Presidential Disability and the Twenty-Fifth Amendment: The Difficultiesosed P By Psychological Illness Robert E. Gilbert Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Robert E. Gilbert, Presidential Disability and the Twenty-Fifth Amendment: The Difficulties Posed By Psychological Illness, 79 Fordham L. Rev. 843 (2011). Available at: https://ir.lawnet.fordham.edu/flr/vol79/iss3/5 This Symposium is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact
[email protected]. PRESIDENTIAL DISABILITY AND THE TWENTY- FIFTH AMENDMENT: THE DIFFICULTIES POSED BY PSYCHOLOGICAL ILLNESS Robert E. Gilbert* INTRODUCTION History tells us that Presidents do more than win nominations and elections. They even do more than govern. They also do many of the same things that non-presidents do. They are energized and they become weary, they succeed and they fail, they rejoice and they mourn, they become sick and they die. The Framers of the Constitution surely knew that the latter would be the case. All of them lived in states that had governors, and some of those governors had gotten sick and had died. So they realized only too well that the same fate would befall Presidents. After deciding that the United States would have a President, and only one President, and after deciding how the President would be elected and some of the powers he would be given, the Framers turned their attention to the problems of presidential disability, death, and succession—but they did so toward the end of the Constitutional Convention, when they were tired and anxious to go home.