Posted on 04/09/2004 7:07:18 AM PDT by Jack Black
A simple reading of the Constitution and knowledge of history suggests the John Kerry may not be eligible to run for President.
Ammendment 14 says in part:
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.
Now, Kerry took an oath as a naval officer prior to his service in Vietnam. Upon his return he led an organization designed to pressure the government to end a war. I think many would agree this clearly rose to the level of "aid and comfort" to the enemy.
Thus a plain reading of the Constiution suggests that Kerry is not eligible for President, unless 2/3 of each House remove such disability.
There are more questions than answers posed by this. For instance, who enforces this law? Other requirements for Presidenncy are age attainment and citizenship. In practice it seems that this is all done "on the honor system".
Effectively at the present time who certifies people eligible for office? Each state's secretaries of state? Getting Kerry ruled ineligible to run for President, in even one state would be an intersting exercise.
Fair minded Republicans could then introduce, simultaneously, resolutions "removing the disability, caused by the aid and comfort given to the enemy Communist Party of Vietnam in 1970, that disqualifies John Kerry from running for office."
We could then have long congressional hearings, witness, executive sessions, demand to make records public, etc.
Anyone considered this? I remember when the first whispers began that Clinton should be impeached. It became a roar after Ann Coulters book.
After their caucuses and primaries, the major parties nominate their candidates for president and vice president in their national conventions traditionally held in the summer preceding the election. (Third parties and independent candidates follow different procedures according to the individual State laws). The names of the duly nominated candidates are then officially submitted to each State's chief election official so that they might appear on the general election ballot.
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