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Thursday, January 18, 2024

Former Presidents Are Not Exempt From Section Three

I want to refute one argument that is in some of the amicus briefs. The argument goes like this:

1. In 1868, there were no living ex-Presidents who were Confederates. (John Tyler died in 1862.)

2. The Framers of the 14th Amendment did not need to disqualify insurrectionist former Presidents. 

3. Therefore, Section 3 does not disqualify insurrectionist former Presidents.

But #3 does not follow. Virtually all ex-Presidents are covered by the officer language of Section 3 because they served in another office before becoming President. (George Washington is an exception: He served only as President under the Constitution.) Thus, Section Three does exclude "former Presidents" who engage in insurrection. Donald Trump may be deemed an exception, but not because of a special ex-President exemption. There is none.

Posted by Gerard Magliocca on January 18, 2024 at 05:55 PM | Permalink

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