In Supreme Court case "Anderson v Trump" respondent Anderson et al. claims that Section 3 of 14th Amendment of US Constitution is applicable to presidents as they are officers of the US

  • Claim


Name

In Supreme Court case "Anderson v Trump" respondent Anderson et al. claims that Section 3 of 14th Amendment of US Constitution is applicable to presidents as they are officers of the US

Types

Claim

Broader claims

In Supreme Court case "Anderson v Trump" respondent Anderson et al. claims that Donald Trump took oath which is required under Section 3 of 14th Amendment of US Constitution

Opposing arguments

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

Quotes that support the claim

During Reconstruction, both supporters and opponents of the Fourteenth Amendment agreed that Section 3 disqualified confederate leaders like Jefferson Davis from all federal office, including the Presidency, unless they received amnesty from Congress. See, e.g., Pet. App. 129a–130a; Pittsburgh Commercial, June 29, 1867
The Constitution repeatedly refers to the Presidency as an “office” and requires the president to swear an “oath of office” before assuming the execution of his “office.” See, e.g., U.S. Const. art. I, § 3, art. II, §§ 1, 4; amends. XII, XXII, XXV. And it refers to an office “under the United States” in several contexts that plainly include the Presidency. See id. art. I, § 3, cl. 7 (Impeachment Clause), § 6, cl. 2 (Incompatibility Clause), § 9, cl. 8 (Emoluments Clause).