3. 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.
If this is the case, Kerry can be stopped unless the Congress approves him PRIOR TO THE ELECTION by a 2/3 vote in both the House and Senate. Hummmmmm? Might be worth a try - it might bring on Hillary, but we are going to have to defeat her sometime, why not now, when she's not ready and doesn't want to run.....it would destroy the Clinton's strategry.
On the other hand there was never any declaration of war in Vietnam. Also, no charges were ever filed against Kerry, so there's not any court verdict saying he guilty of giving aid and comfort to the enemy. This amendment was written just after the Civil War. I'm sure if a former Confederate general tried to run for president, Congress would not have approved him. It really is a part of the Constitution with no teeth.