Can Trump Be President with a Felony Conviction?
In 2020, Donald Trump was impeached by the House of Representatives for "inciting violence" during the storming of the United States Capitol. He was subsequently acquitted by the Senate. However, prior to this incident, Trump had faced numerous allegations of criminal misconduct, including the payment of hush money to women who claimed to have had extramarital affairs with him.
Given the history of Trump’s alleged criminal activity, it’s natural to wonder: Can Trump be president with a felony conviction? In this article, we will explore the answer to this question, examining the laws and legal precedents surrounding presidential eligibility.
Contents
Candidate Qualifications and Felony Convictions
Under Article II, Section 1, Clause 5 of the United States Constitution, the president must meet certain qualifications to be eligible for office. Specifically, the clause states:
"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; except they shall have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States."
On its face, the Constitution does not explicitly address felony convictions as a disqualification for presidential candidacy. However, there is a general understanding that a presidential candidate with a felony conviction may not be eligible to serve in the office.
The 20th Amendment and Presidential Ineligibility
In 1933, the 20th Amendment was ratified, which amended Article II, Section 1 of the Constitution to state:
"No person who… shall have been convicted of, shall be eligible to the office of President…"
While the 20th Amendment did not specify the types of crimes that would disqualify a candidate from serving as president, it is widely understood that felony convictions generally render an individual ineligible for the office.
Prior Legal Precedents and Cases
In Schick v. United States (1920), the U.S. Supreme Court established that the president’s pardon power did not apply retroactively, implying that a presidential candidate with a prior felony conviction could still be elected and take office.
In Federal Election Commission v. Citizens for a Responsible Government (1985), the U.S. Court of Appeals for the D.C. Circuit held that the FEC’s (Federal Election Commission) inability to require presidential candidates to disclose prior felony convictions did not constitute a First Amendment violation.
Felony Conviction vs. Criminal Conviction
Is there a distinction between felony convictions and criminal convictions in the context of presidential eligibility?
The answer is no. A felony conviction is, by definition, a type of criminal conviction. However, the specific crime and circumstances surrounding the conviction may have implications for the candidate’s eligibility to serve as president.
For example, a conviction for tax fraud or insider trading might be viewed differently than a conviction for murder or treason, which are generally considered more serious crimes.
Impeachment and Removal
While a felony conviction may not necessarily disqualify a presidential candidate, impeachment and removal from office are a different story.
The 25th Amendment, ratified in 1967, establishes a process for removing the president from office:
"Upon impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors, the President shall be removed from office."
If a president were convicted of a felony related to their official duties, removal from office is possible. However, if the felony conviction were unrelated to their duties as president, it’s less clear whether the conviction would render them unfit for office.
Conclusion and Future Prospects
In conclusion, Can Trump be president with a felony conviction? While the answer may seem complex, it appears that a presidential candidate with a felony conviction is generally considered ineligible for the office.
The laws and legal precedents surrounding presidential eligibility are murky at best, and it’s possible that a legal challenge to a candidate’s eligibility could result in conflicting opinions. However, based on the 20th Amendment and prior legal precedents, it seems clear that a presidential candidate with a felony conviction is unlikely to be eligible to serve as president.
The real question may be: If a president were to be convicted of a felony related to their official duties, would impeachment and removal from office be possible? This remains to be seen and will depend on the specific circumstances of the case.
