Another Reason Why Trump Is NOT Subject to the 14th Amendment Section 3

[excalibur]

There are myriad reasons, neither President nor Vice President is mentioned, while other offices are. And the Amendment applies solely to those who fought for or were part of the government of the CSA.

And this is another reason. The President is not an officer, he is the head of state.

Article II, Section 3:

... and shall Commission all the Officers of the United States.​

The 2nd Article of the U.S. Constitution

SECTION. 1. The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows: Each State shall appoint, in such Manner as the...

constitutioncenter.org

Now compare to this in the 14th:

... or as an officer of the United States ... ​

14th Amendment

www.law.cornell.edu

 

[Donald H]

Nothing is settled and set in America's laws. Decisions will all be made according to political clout. Biden and a couple of wars going is completely in control of Trump.

 

[progressive hunter]

Nothing is settled and set in America's laws. Decisions will all be made according to political clout. Biden and a couple of wars going is completely in control of Trump.

doesnt really matter since insurrection never happened or was attempted,,

 

[BackAgain]

Plus, even if it were otherwise applicable, the Leftards fail to recognize that President Trump has not been convicted of anything.

 

[Crepitus]

There are myriad reasons, neither President nor Vice President is mentioned, while other offices are. And the Amendment applies solely to those who fought for or were part of the government of the CSA.

And this is another reason. The President is not an officer, he is the head of state.

Article II, Section 3:

... and shall Commission all the Officers of the United States.​

The 2nd Article of the U.S. Constitution

SECTION. 1. The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows: Each State shall appoint, in such Manner as the...

constitutioncenter.org

Now compare to this in the 14th:

... or as an officer of the United States ... ​

14th Amendment

www.law.cornell.edu

This is for the courts to decide, not you.

 

[John Edgar Slow Horses]

All Presidents are officers, as they hold the Office of the Presidency.

I hope excalibur is forced to give all his wages back when Trump is trounced next year.

 

[excalibur]

All Presidents are officers, as they hold the Office of the Presidency.

No, the President is not an officer, he is Head of State.

 

[John Edgar Slow Horses]

No, the President is not an officer, he is Head of State.

And that person holds the Office of the Presidency.

You are wrong again, excalibur, as you are so often with your extremist position and language.

 

[excalibur]

And that person holds the Office of the Presidency.

You are wrong again, excalibur, as you are so often with your extremist position and language.

Holding an office doesn't make one an officer.

Article II, Section 3:


... and shall Commission all the Officers of the United States.​

 

[John Edgar Slow Horses]

"Holding an office doesn't make one an officer" is the silliest statement of the last week on the Board.

 

[John Edgar Slow Horses]

Is the President of the US an officer of the US government?

Bing AI search result states "The president of the United States is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces."

AND

Yes, the President of the United States is indeed an officer of the U.S. government. The President is the highest-ranking official in the federal government and serves as the head of the executive branch. This role includes responsibilities such as enforcing laws passed by Congress, directing foreign and domestic policy, and serving as the commander-in-chief of the U.S. military. As such, the President plays a crucial role in the functioning and operation of the U.S. government."

 

[excalibur]

Is the President of the US an officer of the US government?

Bing AI search result states "The president of the United States is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces."

AND

Yes, the President of the United States is indeed an officer of the U.S. government. The President is the highest-ranking official in the federal government and serves as the head of the executive branch. This role includes responsibilities such as enforcing laws passed by Congress, directing foreign and domestic policy, and serving as the commander-in-chief of the U.S. military. As such, the President plays a crucial role in the functioning and operation of the U.S. government."

So, he commissions himself?

See the word 'all' in Article II, Section 3?

... and shall Commission all the Officers of the United States.​

 

[John Edgar Slow Horses]

excalibur, a MAGA cultists, wants his own definitions.

No, he can't have them.

Yes, the President is an officer of the US. Mods, please close this thread.

 

[excalibur]

excalibur, a MAGA cultists, wants his own definitions.

No, he can't have them.

Yes, the President is an officer of the US. Mods, please close this thread.

LOL

This is from a guy who can't comprehend the word 'all'. So the President commissions himself?

... and shall Commission all the Officers of the United States.​

 

[John Edgar Slow Horses]

LOL

This is from a guy who can't comprehend the word 'all'. So the President commissions himself?

... and shall Commission all the Officers of the United States.​

He is an officer. End of thread.

 

[excalibur]

He is an officer. End of thread.

So he commissions ALL officers, including himself?

Can we see the commissioning papers where a President commissions himself as an officer? Because we do have the papers where ALL officers have been commissioned by the Presidents since George Washington.

End of thread.

 

[John Edgar Slow Horses]

So he commissions ALL officers, including himself?

Can we see the commissioning papers where a President commissions himself as an officer? Because we do have the papers where ALL officers have been commissioned by the Presidents since George Washington.

End of thread.

excalibur is acting prerogatively, ignoring the normal definitions. The US President is an officer of the state by law and by definition. He is empowered by law and endowed by the fact of election as President.

What a goofball insists differently such as excalibur does not matter.

 

[excalibur]

excalibur is acting prerogatively, ignoring the normal definitions. The US President is an officer of the state by law and by definition. He is empowered by law and endowed by the fact of election as President.

What a goofball insists differently such as excalibur does not matter.

Why won't you show the board where the commissioning of the President as an officer as defined in the Constitution took place?

And how every President since George Washington commissioned themselves.

We're waiting.

Article II, Section 3:

... and shall Commission all the Officers of the United States.

 

[excalibur]

​

First, the Appointments Clause spells out with clarity that the president can nominate "Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States." (emphasis added) . . .

​

Second, the Impeachment Clause expressly provides that "[t]he President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment. …" (emphasis added) Justice Story explained that the President and Vice President's [express] enumeration in the Impeachment Clause in addition to "all civil Officers of the United States" shows that the President and Vice President are not deemed "officers of the United States" themselves. Otherwise, the Framers would have stated that "all othercivil officers" were subject to impeachment. (emphasis added)

​

Further, the Oaths Clause specifically enumerates that "Senators and Representatives, and the Members of the several State Legislatures," as well as "all executive and judicial Officers, both of the United States and of the several States of the United States" were required to be "bound by Oath or Affirmation to, support this Constitution." . . .

​

Finally, the Commissions Clause provides that "all the officers of the United States" receive presidential commissions. (emphasis added) All means all. This structure explains why appointed executive-branch and judicial-branch officers receive commissions, but there is no record of any elected official, whether a President, Vice President or a member of Congress, ever receiving a [presidential] commission. The reason is simple: Elected officials like the President are not "Officers of the United States."

​

There is a recent Supreme Court opinion discussing the scope of the Constitution's "Officers of the United States"-language. In Free Enter. Fund v. Pub. Co. Accounting Oversight Bd. (2010), Chief Justice Roberts observed that "[t]he people do not vote for the 'Officers of the United States.'" Rather, "officers of the United States" are appointed exclusively pursuant to Article II, Section 2 procedures. It follows that the President, who is an elected official, is not an "officer of the United States."​

Is the President an “officer of the United States” for purposes of Section 3 of the Fourteenth Amendment?

Update: In December 2021, Seth and I published an article in the NYU Journal of Law & Liberty, based on...

reason.com

 

[Lesh]

There are myriad reasons, neither President nor Vice President is mentioned, while other offices are. And the Amendment applies solely to those who fought for or were part of the government of the CSA.

And this is another reason. The President is not an officer, he is the head of state.

Article II, Section 3:

... and shall Commission all the Officers of the United States.​

The 2nd Article of the U.S. Constitution

SECTION. 1. The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows: Each State shall appoint, in such Manner as the...

constitutioncenter.org

Now compare to this in the 14th:

... or as an officer of the United States ... ​

14th Amendment

www.law.cornell.edu

That’s just lame