In Supreme Court case "Anderson v Trump" Donald Trump claims that the US Constitution’s text and structure make clear that the president is not an “officer of the United States

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In Supreme Court case "Anderson v Trump" Donald Trump claims that the US Constitution’s text and structure make clear that the president is not an “officer of the United States

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In Supreme Court case "Anderson v Trump" Donald Trump claims that Section 3’s disqualification can apply only to those who have “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.." Donald Trump never held any such positions
In Supreme Court case "Anderson v Trump" Donald Trump claims that Section 3 of 14th Amendment of US Constitution is inapplicable to presidents as they are not an officers of US

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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.”
U.S. Const. art. II, § 4 (emphasis added). The clause treats President and Vice President separately from “all civil Officers of the United States.” There would be no basis to separately list the president and vice president as permissible targets of impeachment if they were to fall within the “civil Officers of the United States.” If that phrase were to encompasses the president and vice president, then the Impeachment Clause would say that the “President, Vice President and all other civil Officers of the United States” are subject to impeachment and removal.
The Constitution’s text and structure make clear that the president is not an “officer of the United States.
The Impeachment Clause further confirms that the president is not an “officer of the United States.” It states: The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors"
The Commissions Clause similarly requires the President to “Commission all the Officers of the United States.” U.S. Const. art. II, § 3 (emphasis added). The president does not (and cannot) appoint or commission himself, and he cannot qualify as an “officer of the United States” when the Constitution draws a clear distinction between the “officers of the United States” and the president who appoints and commissions them. The president does not (and cannot) appoint or commission himself, and he cannot qualify as an “officer of the United States” when the Constitution draws a clear distinction between the “officers of the United States” and the president who appoints and commissions them.
The Appointments Clause requires the president to appoint ambassadors, public ministers and consuls, justices of the Supreme Court, and “all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law.” U.S. Const art. II, § 2, cl. 2 (emphasis added).
The phrase “officer of the United States” appears in three constitutional provisions apart from section 3, and in each of these constitutional provisions the president is excluded from the meaning of this phrase.

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The Constitution’s text and structure make clear that the president is not an “officer of the United States.

US Politics

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In Supreme Court case "Anderson v Trump" Donald Trump claims that Section 3 of 14th Amendment of US Constitution is inapplicable to presidents as they are not an officers of US

US Politics

Claim

The phrase “officer of the United States” appears in three constitutional provisions apart from section 3, and in each of these constitutional provisions the president is excluded from the meaning of this phrase.

US Politics

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