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ConsRule
30 Dec 2024 8:27 am
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HarperLee » 30 Dec 2024, 8:12 am » wrote: ↑ Hey you dumb **** holes…

Fourteenth Amendment Equal Protection and Other Rights

Section 3
Disqualification from Holding Office
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
There are those who argue the President is not an officer of the United States.  They point to this part of Article II, Section 2 (emphasis mine);

"He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States,..."

The position is the President appoints officers and is not an officer since the consent of the Senate is required to be an officer.  That has never been adjudicated.
 
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