Can a Felony Be President?
The question of whether a felony can be president has been a topic of debate and controversy in the United States. The answer is a resounding "yes," but with certain caveats. In this article, we will delve into the history and laws surrounding this issue, as well as the implications and potential consequences.
What is a Felony?
Before we dive into the question of whether a felony can be president, it’s essential to understand what a felony is. A felony is a serious crime that is punishable by more than one year in prison. Examples of felonies include murder, robbery, burglary, and fraud. Felonies are considered more severe than misdemeanors, which are crimes punishable by less than one year in prison.
The Constitution and the Office of the President
The United States Constitution sets forth the qualifications for the office of the president. Article II, Section 1, Clause 5 states that "no Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President." However, this clause does not explicitly state that a felony conviction would disqualify a person from holding the office.
Historical Context
In the early years of the United States, there were no federal laws governing the disqualification of individuals with felony convictions from holding public office. However, in 1857, the Supreme Court ruled in the case of Ex parte Garland that a person convicted of a felony could not hold a federal office, including the presidency. This ruling was based on the idea that a felony conviction was a mark of "bad character" and that it would undermine the public’s trust in the office holder.
The 14th Amendment and the Civil War
The 14th Amendment, passed in 1868, was designed to address the issue of states’ rights and the treatment of former slaves. Section 3 of the amendment states that "no person 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."
The 14th Amendment and Felonies
The 14th Amendment has been interpreted to mean that a person who has been convicted of a felony can still hold public office, including the presidency. However, this interpretation is not without controversy. Some argue that the amendment’s language is vague and that it does not explicitly state that a felony conviction would not disqualify a person from holding office.
Recent Developments
In recent years, there have been several high-profile cases involving individuals with felony convictions running for public office. In 2012, former Governor of California Jerry Brown pardoned nearly 10,000 individuals who had been convicted of non-violent felonies, including some who had been convicted of drug-related crimes. This move was seen as a way to help individuals who had been convicted of non-violent crimes to reintegrate into society and to clear their records.
Table: Felony Convictions and Public Office
| Felony Conviction | Eligibility for Public Office |
|---|---|
| Misdemeanor | Yes |
| Non-violent Felony | Yes, with pardon or expungement |
| Violent Felony | No, without pardon or expungement |
Conclusion
In conclusion, while a felony conviction can be a serious obstacle to holding public office, including the presidency, it is not an automatic disqualifier. The 14th Amendment has been interpreted to mean that a person who has been convicted of a felony can still hold public office, but with certain caveats. The table above summarizes the eligibility for public office based on felony convictions. Ultimately, the decision to pardon or expunge a felony conviction is up to the individual state or federal government, and it is up to the public to decide whether a person with a felony conviction is fit to hold public office.
References
- United States Constitution, Article II, Section 1, Clause 5
- Ex parte Garland (1857)
- 14th Amendment to the United States Constitution
- "Pardons and Public Office" by the National Association of Criminal Defense Lawyers
- "Felony Convictions and Public Office" by the Brennan Center for Justice
