Can You be convicted of a felony and be president?

Can You be Convicted of a Felony and Still Become President of the United States?

The topic of whether an individual who has been convicted of a felony can serve as the President of the United States is a fascinating and somewhat complicated one. There is ongoing debate and conflicting opinions among legal scholars and politicians. In this article, we will delve into the historical context, statutory framework, and legal precedence to explore this question further.

Conviction vs. Imprisonment

One crucial distinction must be made at the onset: it is important to note that having a conviction, does not necessarily mean you are also imprisoned. For the sake of clarity, we will focus on situations where the individual has indeed been convicted, rather than simply charged.

The 22nd Amendment and the Oath of Office

The 22nd Amendment to the US Constitution limits the number of terms an individual can serve as President to two (two and a half years in this case). Moreover, when taking office, the President must swear the Oath of Office, stating that they are keeping or supporting the Constitution. Would a prior felony conviction or imprisonment compromise an individual’s eligibility for the presidency under these parameters?

The Article II, Section 1 Clause 5 of the US Constitution

Article II, Section 1 Clause 5 of the US Constitution specifically states that an individual who has been engaged in the practice of presidential powers at the time when the Declaration of Independence was signed would be barred from holding that office.

The Four Dispositive Questions

As highlighted in the 2020 academic paper "Does a Conviction for Fraud Make Me Unfit to be President?" by Northwestern University law professor, Jay Foonberg, and attorney Daniel R. Wright, to determine whether someone can become President despite having a prior felony conviction, four fundamental questions must be asked and answered:

1. Was the conviction final?
2. Was it related to the office sought (or held)?
3. Has the individual shown sufficient time has passed between the completion of their criminal sentence (if any)?
4. Has the individual demonstrated satisfactory rehabilitation and readjustment to society after the sentence was completed (if applicable)?

The Four Dispositive Factors in Analyzing the Relationship between Prior Felony Convictions and Presidential Eligibility

Now that the questions have been framed, let’s apply the aforementioned factors to concrete examples, using the bold text and bullet points format to break down the argument: