October 21, 2004 [LINK]

Is John Kerry disqualified?

Legal blogger Eugene Volokh addresses the question of whether section 3 of the 14th Amendment would bar the junior senator from Massachusetts from serving as this nation's Chief Executive (or indeed in Congress itself), by virtue of having met with North Vietnamese officials during the Vietnam War and having slandered American armed forces. Here is the relevant text:

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.

(italics added for emphasis) Volokh ultimately concludes that this clause does not apply as one might think it does, but it is an intriguing thought, nonetheless. In more recent years, Rep. Jim McDermott (D-WA) is at the top of this list of those who have come perilously close to giving aid or comfort to our enemies. (link via InstaPundit)