There is the textual requirement that section 3 applies only to those who took an oath to “support” the Constitution of the United States—the oath required by Article VI. See U.S. Const. art. VI, § 3 (“The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution” (emphasis added)). The president swears a different oath set forth in Article II, in which he promises to “preserve, protect, and defend the Constitution of the United States”—and in which the word “support” is nowhere to be found. See U.S. Const. art. II 8. The argument that an oath to “preserve, protect, and defend” is just another way of promising to “support” the Constitution. App. 74a–76a, fails, because the drafters of section 3 had before them both the Article VI and Article II oaths, and they chose to apply section 3 only to those who took Article VI oaths. Conflating the two oaths would create ambiguity and contradiction, because the president was not understood to be included as an “officer of the United States.”

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There is the textual requirement that section 3 applies only to those who took an oath to “support” the Constitution of the United States—the oath required by Article VI. See U.S. Const. art. VI, § 3 (“The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution” (emphasis added)). The president swears a different oath set forth in Article II, in which he promises to “preserve, protect, and defend the Constitution of the United States”—and in which the word “support” is nowhere to be found. See U.S. Const. art. II 8. The argument that an oath to “preserve, protect, and defend” is just another way of promising to “support” the Constitution. App. 74a–76a, fails, because the drafters of section 3 had before them both the Article VI and Article II oaths, and they chose to apply section 3 only to those who took Article VI oaths. Conflating the two oaths would create ambiguity and contradiction, because the president was not understood to be included as an “officer of the United States.”

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