On January 9, Professor Seth Barrett Tillman, who has studied the meaning of “Office of the United States” since 2008, submitted this interesting amicus in the U.S. Supreme Court in Trump v Anderson. It argues that the President is a not person who “holds any office ” as the term “office” was used when the Constitution was written and also in 1868, when the 14th amendment was written.
Section 3 does not say that it applies to President or Vice-president, but many people assume it does apply because Section 3 applies to congress, presidential electors, and people who “hold any office” under the United States or any state.
Although Professor Tillman is a U.S. citizen, he currently lives and teaches in Ireland.
MORE AMICUS CRAP FROM AMICUS HELL
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USA Constitution – Officer(s) – Office(s) Nov 2023
1-2-5 The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
1-3-5 The Senate shall chuse their other Officers, ***
1-3-6 The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
1-3-7 Judgment in Cases of impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
1-6-2 No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
1-8-18 To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
1-9-8 No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
2-1-1 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
2-1-2 Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
2-1-5 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.
2-1-6 In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
2-1-8 Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:—“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”
2-2-1 The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
2-2-2 He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges 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: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
2-3 He *** shall Commission all the Officers of the United States.
2-4 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.
3-1 The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
6-3 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; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
14 Amdt-3 No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having 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, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
22 Amdt-1 No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this article shall not apply to any person holding the office of President when this article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this article becomes operative from holding the office of President or acting as President during the remainder of such term.
25 Amdt-1 In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
25 Amdt-2 Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
25 Amdt-3 Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
25 Amdt-4 Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
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GEE – HOW MANY MENTIONS OF Officer(s) AND Office(s) ???
SOMEHOW DIFFERENT IN EACH ARTICLE / SECTION / CLAUSE ???
Dear AZ, you obviously did not read the amicus because you filed this comment within one minute of the post being put up. If you are going to criticize a legal writing, you should read it first.
I TRUST RW’S SUMMARY IN THE BAN POST
NO NEED TO READ ANY HACK STUFF IN SUPPORT OF TRUMP – LAWYERS / PROFS / MEDIA.
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https://apnews.com/article/trump-capitol-riot-immunity-arguments-takeaways-26e6e525c040d0e546b37f2786bfd132
WHERE IS I/R INDICTMENT OF TRUMP —
SHOULD HAVE BEEN IN EARLY 2021 — ESP FAKE ELECTORS SCHEME TO SUBVERT 6 JAN 2021 COUNT OF EC VOTES
2-1-1 TO 2-1-8
PROF HACK GET HIS READING SKILLS OUT OF A NEW AGE POPCORN BOX ???
IS EACH PREZ *ELECTED* OR *APPOINTED* IN 12 AMDT ???
DO 12 AMDT *ELECTORS* ELECT/VOTE ???— IS *ELECT* IN *ELECTOR* ???
OVERLOOKED *OFFICE OF PRESIDENT* IN LAST SENTENCE OF 12 AMDT – RE VP QUALIFS — IN 2:39 LIST
AZ is a bot. It can read thousands of things of that length in way less than a minute.
…and post thousands of comments even faster.
https://apnews.com/article/how-iowa-caucus-works-2024-democrats-republicans-592ab40b9b9b948c0540f2cf132bab5c
2024 CAUCUS MINORITY RULE JUNK
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TROLL MORONS LOVE ALL THE MINORITY RULE JUNK —
SO THEY CAN GO WILD IN FAVOR OF TYRANTS — LENIN / MUSSOLINI / STALIN / HITLER / PUTIN / XI / TRUMP
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PR
APPV
TOTSOP
I read the Amicus. It makes good points, unlike the screaming nonsense in the comments above.
AZ just proved he is a troll. Even Richard Winger called him out.
AZ is Richard Winger’s midwest party boy.
PART OF THE ROT –
HACK MEDIA USES OFFICE TITLES FOR VARIOUS HACKS AFTER THE HACKS ARE O-U-T OF OFFICE –
ESP EXEC OFFICES – PREZ / GUV / MAYOR / SECRETARY / ETC — RATHER THAN MR/MRS/MISS/CITIZEN —
AS IF A HACK HAS A LIFETIME CLAIM TO THE OFFICE TITLE.
https://www.yahoo.com/news/judge-asks-president-order-seal-164221332.html
SAME SORT OF TILLMAN STUFF FROM TRUMP *LAWYERS* ???
WHAT IF TYRANT TRUMP KEEPS KILLING OFF [IN PERSON AND/OR VIA TROLL HACKS] ANY USA REPS WHO TRY TO MPEACH HIM ???
AND ANY USA SENS WHO TRY TO CONVICT HIM ???
AND ANY GRAND JURORS AND JUDGES WHO TRY TO INDICT HIM ???
ALL CRAP ALL THE TIME – FROM THE ROTTED EVIL BRAINS OF TRUMP SO-CALLED LAWYER HACKS.
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1649 KING CHARLES I LOSES HIS HEAD FOR MURDERS ETC IN ENGLISH CIVIL WAR 1642-1649.
CHOP – MODEL FOR LATER MONARCH CHOPS IN OTHER EURO REGIMES – ESP FRANCE 1789-1792.
LATER – END OF COMMIE RULE IN ROMANIA 1989 – LAST WORDS —- YOU CAN’T DO THIS. I AM PREZ OF ROMANIA.
MACHINE GUN BLAST – DEAD TYRANT C. [ WHO HAD MULTI-THOUSANDS KILLED IN HIS SCHEMES ]
The Constitution refers to the presidency as an office many times, including in the presidential oath.
Even if you think Trump shouldn’t be denied ballot access, this whole line of argument is exceptionally weak bordering on frivolous. The claimed historical evidence for such an understanding is weak even on its face, and extremely cherry-picked.
A great brief, with many interesting points. One point that caught my attention:
“If the Court holds that Section 3 is not self-
executing, and requires federal enforcement
legislation, the litigation in Colorado and in other
state courts would come to a halt”
Which is a hint to the Court, if they want to punt the issue back to Congress.
Which is just what I think they will do.
WZ –
28 USC 1331 USA DIST CT JURIS — CASES ARISING UNDER CONST
Under is missing from every other textual reference to office. An office under is one appointed by the president, not to include the president. The historical evidence is not weak or cherry picked. The inclusion of president was debated and rejected when the language was written.
Of course President Trump shouldn’t and won’t be denied ballot access, for this and many, many other reasons. Of course he should and will be President again. Of course President Trump will save America and make us greater than ever.
Hail Victory! Hail Trump! Hail the New Dawn!
I agree. Make Trump President Again! Save America! TRUMP 2024!