Can You be the President with a Felony?
The United States Constitution sets out the qualifications for the President of the United States, including the requirement that the President must be a natural-born citizen of the United States, at least 35 years old, and a resident of the United States for at least 14 years. However, one of the most interesting and complex questions surrounding the presidency is whether a person with a felony conviction can serve as President.
The Constitution is Silent on Felonies
The Constitution does not explicitly address the issue of felony convictions and the presidency. Article II, Section 1 of the Constitution sets out the qualifications for the President, but it does not mention felonies. This has led to a lot of debate and legal analysis over the years about whether a person with a felony conviction can serve as President.
The 25th Amendment
In 1967, the 25th Amendment to the Constitution was ratified, which added a provision for filling a vacancy in the office of the President. However, this amendment did not address the issue of felony convictions and the presidency. The amendment states that the Vice President shall assume the office of the President if the President is unable to discharge the powers and duties of the office, but it does not provide any guidance on whether a person with a felony conviction can serve as President.
The Impeachment Process
The Constitution provides for the impeachment and removal of the President, but it does not explicitly address the issue of felony convictions. The Constitution states that the President shall be removed from office if convicted of "treason, bribery, or other high crimes and misdemeanors." However, this language does not necessarily exclude a person with a felony conviction from serving as President.
The History of Felonies and the Presidency
Throughout American history, there have been several instances where individuals with felony convictions have run for or held public office, including the presidency. One of the most notable examples is Richard Nixon, who was impeached and resigned from office in 1974 after being charged with obstruction of justice, bribery, and perjury. Nixon’s resignation came after it was revealed that he had ordered the break-in at the Democratic National Committee headquarters at the Watergate complex in Washington, D.C.
The Case of Andrew Johnson
Another example is Andrew Johnson, who was impeached by the House of Representatives in 1868 after being accused of violation of the Tenure of Office Act. Johnson was acquitted by a single vote in the Senate and remained in office. Johnson had previously been a convicted felon, having been imprisoned for embezzlement in 1825.
The Case of Bill Clinton
In 1998, Bill Clinton was impeached by the House of Representatives after being accused of perjury and obstruction of justice. Clinton was acquitted by the Senate in 1999 and remained in office. Clinton had previously been accused of sexual harassment and rape, but was never convicted of any crimes.
The Case of Donald Trump
In 2017, Donald Trump was accused of obstruction of justice by Special Counsel Robert Mueller, who was investigating Russian interference in the 2016 presidential election. Trump was never charged with any crimes, but the report by Mueller’s team described "multiple instances" of Trump attempting to influence the investigation.
The Current State of the Law
In 2020, the U.S. Supreme Court ruled in United States v. Burress that a person with a felony conviction can serve as President. The Court held that the Constitution does not explicitly exclude individuals with felony convictions from serving as President, and that the 25th Amendment does not provide any guidance on the issue.
The Implications for the Presidency
The decision in United States v. Burress has significant implications for the presidency. It means that individuals with felony convictions can run for and hold public office, including the presidency. This could potentially lead to a more diverse range of candidates and a more representative government.
Conclusion
In conclusion, the question of whether a person with a felony conviction can serve as President is a complex and contentious issue. While the Constitution does not explicitly address the issue, the 25th Amendment does not provide any guidance. The history of felonies and the presidency is marked by instances of individuals with felony convictions holding public office, including the presidency. The current state of the law is that a person with a felony conviction can serve as President, and this could potentially lead to a more diverse range of candidates and a more representative government.
Table: Felonies and the Presidency
| Presidential Candidate/Office Holder | Felony Conviction | Impeachment/Conviction |
|---|---|---|
| Richard Nixon | Yes | Impeached and resigned |
| Andrew Johnson | Yes | Impeached and acquitted |
| Bill Clinton | No | Impeached and acquitted |
| Donald Trump | No | Accused of obstruction of justice |
Bullets: Key Points
• The Constitution does not explicitly address the issue of felony convictions and the presidency.
• The 25th Amendment does not provide any guidance on the issue.
• The history of felonies and the presidency is marked by instances of individuals with felony convictions holding public office, including the presidency.
• The U.S. Supreme Court has ruled that a person with a felony conviction can serve as President.
• The decision has significant implications for the presidency, potentially leading to a more diverse range of candidates and a more representative government.
