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"Presidents, Vice Presidents, and Death: Closing the Constitution's Succession Gap," 48 Ark. L. Rev. 215 (1994)


Death and taxes are taboo. Talk about taxes is bad politics, and talk about death is bad form. But for the sake of our children and grandchildren, if not ourselves, we must talk about, and sometimes must raise, taxes. And we must also talk-and talk now-about death and Presidential succession. Our current legal regime is a constitutional accident waiting to happen-a future crisis that is both thoroughly predictable and easily avoidable through ordinary, nonpartisan legislation that can be enacted now, long before any crisis arises. In this essay, I shall sketch out what I see as the problem, and the nonpartisan legislative solution I envision.

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