Open Access. Powered by Scholars. Published by Universities.®

Fourteenth Amendment Commons

Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law

William & Mary Law School

Journal

2021

Legal status of public officers

Articles 1 - 1 of 1

Full-Text Articles in Fourteenth Amendment

Disloyalty & Disqualification: Reconstructing Section 3 Of The Fourteenth Amendment, Myles S. Lynch Oct 2021

Disloyalty & Disqualification: Reconstructing Section 3 Of The Fourteenth Amendment, Myles S. Lynch

William & Mary Bill of Rights Journal

To become President of the United States, you must be constitutionally qualified. You must be thirty-five years old, a natural born citizen, and fourteen years a resident within the United States. Neither Congress nor any state can set this threshold higher; the same is true for congresspeople. But since it was last successfully invoked in 1917, most have forgotten the other qualifier—for officers at both the state and federal levels—from Section 3 of the Fourteenth Amendment. Those who have violated their oath to uphold our Constitution can be disqualified from holding any public office under the United States or any …