Before now, the notion of a convicted felon running for the office of the president of the United States may seem far fetched and even laughable to many people around the world. But with the current political situation, people have come to realize that it is possible for the United states to produce a felon president to lead the most powerful country in the world.
The prospect of a felon president has raised questions that unpack far more than just the United States constitutional law— including ethics and politics.
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The short answer to the question is yes. A felon can run for the office of the president of the United States. This is because as it turns out, the U.S. Constitution does not have a specific prohibition on felons running for or even serving as president.
The Constitutional Requirements for President
According to the United States Constitution there are only three very basic requirements in order to run for the office of the President:
Be a natural-born citizen of the United States
The requirement that only natural-born citizens of the United States can run for president is rooted in historical concerns and the framers’ intentions during the drafting of the United States Constitution. Some of the main reasons behind this stipulation include:
- Fear of Foreign Influence
In the late 18th century, when the U.S. Constitution was being drafted, one of the main concerns facing the young nation was how to prevent foreign influence and interference in its internal affairs. The framers of the Constitution were particularly worried that foreign powers might try to install a sympathetic leader who could prioritize the interests of another country over those of the United States. By requiring that the president be a natural-born citizen, the framers aimed to ensure that the highest office in the land would be held by someone with an inherent loyalty to the United States.
- National Security
Because the United States was still a relatively new and fragile nation, the framers of the Constitution were keenly aware of the possibility that foreign nations might attempt to destabilize or control the new republic. By limiting the presidency to natural-born citizens, they sought to protect national security by ensuring that the president would have a deep-seated connection to the country from birth.
- Loyalty and Patriotism
The framers of the constitution believed that someone born on United States soil or to United States citizen parents was presumed to have a stronger allegiance to the country and a better understanding of its culture, history, and political system. The natural-born citizen requirement was also seen as a way to ensure that the president would have a lifelong connection to the United States and its values. This requirement was intended to foster a sense of patriotism and loyalty in the nation’s leader.
- Article II, Section 1, Clause 5 of the U.S. Constitution
The requirement for only natural-born citizens to run for the president of the United States is explicitly stated in Article II, Section 1, Clause 5 of the U.S. Constitution, which reads:
“No person except a natural-born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.”
This clause makes it clear that, except for those who were citizens at the time of the Constitution’s adoption, only natural-born citizens are eligible to serve as president.
A minimum age of 35 years
Another requirement for a person to run for the office of the president of the United States is that the candidate must be at least 35 years old. This requirement is borne out of the framers’ desire to ensure that the nation’s leader possesses a certain level of maturity, experience, and wisdom. Here’s a deeper look into the reasoning behind this age requirement:
14 Years Residency Requirement
The 14-year residency requirement for the U.S. presidency is rooted in the desire to ensure that candidates have a deep, sustained connection to the country and are well-acquainted with its issues and challenges.
The founding fathers and framers of the constitution were concerned about foreign influence, the importance of continuity and commitment, and the need for a president who prioritizes American interests. This requirement remains an essential part of the constitutional framework, helping to ensure that the nation’s leader is thoroughly invested in and knowledgeable about the United States.
Can A Felon Run For President Of The United States?
The Constitution does not explicitly prohibit persons convicted of felonies from running for the office of the president. The only obstacle facing a felons running for president of the United States is their ability to convince voters to overlook their criminal convictions.
Historical Precedents
The trials of former president Trump has brought this issue to the front burner of national political discuss. However, this is not the first time a convicted felon has run for the office of president of the United States. The following are some felons who have tried to run for office of president.
- Eugene V. Debs – Perhaps the most famous example is that of Eugene V. Debs, a socialist candidate who ran for president in 1920 while imprisoned for his anti-war activities during World War I. Debs received nearly a million votes, proving that a criminal record does not necessarily disqualify a candidate from gaining significant public support.
- Lyndon LaRouche – Another example is Lyndon LaRouche, a political activist who ran for president multiple times, including during his incarceration in the 1980s for mail fraud and conspiracy to defraud the Internal Revenue Service (IRS). While his campaigns were largely symbolic, they demonstrated that the legal system does not preclude a felon from seeking the nation’s highest office.
The Issue of Pardons and Commutations
The possibility of a felon running and becoming the president of the United States has raised the issue of a presidential pardon.
Since the president has the power to pardon individuals convicted of federal crimes, and effectively restoring their civil rights, convicted felon presidents could, theoretically, pardon themselves if they the become president.
According to many experts, this scenario has raised significant legal and ethical questions that have yet to be tested in court.
Public Opinion and Political Realities
While the legal framework might allow a felon to run for president, public opinion is another matter entirely.
The stigma associated with a felony conviction, especially for serious crimes, would likely be a significant hurdle in any presidential campaign.
Voters would have to weigh the candidate’s criminal past against their qualifications, policies, and ability to lead the country.
Moreover, political opponents and the media would undoubtedly scrutinize and exploit a candidate’s criminal record, making it a central issue in the campaign.
The impact on a candidate’s electability would depend largely on the nature of the crime, the circumstances surrounding the conviction, and the individual’s subsequent actions and reputation.
Finally on the Possibility of a Felon President
In conclusion, while the U.S. Constitution does not bar a felon from running for president, the practicality of such a candidacy is far more complex.
Legal challenges, public perception, and the political landscape would all play critical roles in determining whether a felon could realistically mount a successful presidential campaign.
Ultimately, the decision would rest with the American electorate, who would have to decide whether a candidate’s criminal past disqualifies them from serving as the leader of the free world.