Can You Be President with a Felony?
The presidency of the United States is one of the most prestigious and powerful positions in the world. To be eligible for the office, a candidate must meet certain constitutional requirements, including being 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. But what happens if a candidate has a felony conviction? Can they still run for president?
The Constitution is Silent
The United States Constitution is silent on the issue of felony convictions and presidential eligibility. The 12th Amendment to the Constitution sets out the qualifications for presidential candidates, but it does not mention felonies or any other type of criminal conviction. This lack of specificity has led to confusion and debate among legal scholars and political commentators.
The 14th Amendment
The 14th Amendment to the Constitution does contain a provision that is often cited in discussions about felony convictions and presidential eligibility. Section 3 of the 14th Amendment states that:
"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."
Interpreting the 14th Amendment
Some legal scholars argue that this provision disqualifies individuals with felony convictions from holding federal office, including the presidency. They argue that the phrase "engaged in insurrection or rebellion against the same" is broad enough to include individuals who have committed felonies, regardless of the nature of the crime. However, others argue that the provision is only intended to apply to individuals who have engaged in treasonous behavior, such as those who have taken up arms against the United States.
The Federalist Society
The Federalist Society, a conservative legal organization, has argued that the 14th Amendment provision is not applicable to presidential candidates. In a 2012 article, the society’s legal arm, the Federalist Society Review, stated that the provision is "not meant to disqualify individuals who have committed non-political crimes, such as theft or fraud." Instead, the society argues that the provision is intended to apply only to individuals who have engaged in political activities that are contrary to the Constitution.
The Presidential Succession Act
Another argument against the idea that felony convictions disqualify individuals from the presidency is the Presidential Succession Act. This act, which was passed in 1947, sets out the order of succession to the presidency in the event that the office becomes vacant. The act does not require that the person who assumes the presidency be free of felony convictions.
In Practice
Despite the lack of clarity in the Constitution and the 14th Amendment, the Federal Election Commission (FEC) has taken the position that individuals with felony convictions are not disqualified from running for president. In a 1992 advisory opinion, the FEC stated that "the Commission has no authority to disqualify a candidate from seeking office based solely on a felony conviction."
In Conclusion
In conclusion, while the Constitution and the 14th Amendment do not explicitly disqualify individuals with felony convictions from running for president, the issue remains unclear. The Federalist Society and other legal scholars have argued that the 14th Amendment provision is not applicable to presidential candidates, while others have argued that it is intended to apply to all federal officeholders, including the president. Ultimately, the decision on whether an individual with a felony conviction can run for president will depend on the interpretation of the Constitution and the laws of the United States.
Table: Constitutional Requirements for Presidential Eligibility
| Requirement | Description |
|---|---|
| Natural-born citizen | Born in the United States or one of its territories |
| At least 35 years old | Must have reached the age of 35 by the time of inauguration |
| Resident of the United States | Must have been a resident of the United States for at least 14 years |
Frequently Asked Questions
- Can a person with a felony conviction run for president?
- The Constitution and the 14th Amendment do not explicitly disqualify individuals with felony convictions from running for president.
- Does the 14th Amendment disqualify individuals with felony convictions from holding federal office?
- Some legal scholars argue that the provision is intended to apply to all federal officeholders, including the president, while others argue that it is only intended to apply to individuals who have engaged in treasonous behavior.
- Has anyone with a felony conviction ever run for president?
- Yes, several individuals with felony convictions have run for president, including presidential candidates such as Eugene Debs and Ted Kennedy.
- What is the current stance of the Federal Election Commission on the issue of felony convictions and presidential eligibility?
- The FEC has taken the position that individuals with felony convictions are not disqualified from running for president.
