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To: SeekAndFind

“Although Section 3 unquestionably applied to Confederates, its text contains nothing limiting it to the Civil War. Rather, it has continuing relevance to any future “insurrection or rebellion.” Although it does not explicitly refer to presidents or presidential candidates, comparison with other constitutional texts referring to “officer[s]” supports the interpretation that it applies to the presidency too.”

I totally disagree with this assessment.

Firstly - The Office of the President has never been considered an “office under the United States” and in David McKnight’s 1878 treatise on the US Government he states that it obviously is not an office under the United States. Being that he wrote that a little over ten years after the 14th was written, it is likely that was the prevailing understanding at the time. Section 3 refers specifically to offices UNDER the United States not any office in the government. The President occupies a position of special distinction and privileges in our system, it is not an ordinary government office, it is the only executive position clearly and unequivocally at the head of government and military.

Secondly - It stretches the imagination to believe the authors of the 14th Amendment would mention representatives, senators and electors of the President but were too lazy to include the President if they intended for Section 3 to apply to the head of the Executive Branch.


14 posted on 08/25/2023 11:08:02 AM PDT by XRdsRev (Justice for Bernell Trammell, Trump supporter, murdered in 2020)
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To: XRdsRev
The President occupies a position of special distinction and privileges in our system, it is not an ordinary government office, it is the only executive position clearly and unequivocally at the head of government and military.

Correct, and an electoral college was created to elect the chief executive and special methods and procedures were also created with specific rules in order to remove them from office. Lots of special rules, privileges and procedures for just another "office"

18 posted on 08/25/2023 12:41:09 PM PDT by frogjerk (More people have died trusting the government than not trusting the government.)
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To: XRdsRev

Yep.

Neither President, VP, or member of the House or Senate is an “officer” of the United States. That’s why the 14th singles out Congress as being included. That explicit mention is not some needless redundancy. Prez and VP not mentioned.


21 posted on 08/25/2023 3:48:46 PM PDT by jjotto ( Blessed are You LORD, who crushes enemies and subdues the wicked.)
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