# 14th Amendment - Section 3: Can it apply to someone running for president?

**URL:** <https://boards.straightdope.com/t/14th-amendment-section-3-can-it-apply-to-someone-running-for-president/963182>\
**Category:** Great Debates\
**Created:** [April 21, 2022, 4:53pm UTC](https://boards.straightdope.com/t/14th-amendment-section-3-can-it-apply-to-someone-running-for-president/963182 "2022-04-21T16:53:02Z")\
**Posts on this page:** 1\
**Showing post:** 18

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**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [April 22, 2022, 11:10am UTC](https://boards.straightdope.com/t/14th-amendment-section-3-can-it-apply-to-someone-running-for-president/963182/18 "2022-04-22T11:10:08Z")

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> [@Falchion](#):
>
> There is an argument that “officer of” or “officer under” the United States does not include elected officials. This is probably best illustrated in the Appointments Clause (all “Officers of the United States” are appointed by the President, which obviously does not apply to the President, Vice President, members of Congress, etc.). More controversially, this also creates the question about the place of the Speaker in the line of succession (an "Officer may act as President) and the application of the Foreign Emoluments Clause to elected officials.
> 
> That reading is certainly supported by the specification of Senators and Representatives as distinct from the holder of “any office . . . under the United States” in the 14th Amendment.

Thank you. I see the argument now.

> [@Whack-a-Mole](#):
>
> Section 3 is still there.

Yes, but it still should be read the context of a post civil war, post surrender, obvious to a blind man that there was a rebellion situation.

What is dangerous, IMHO, is attempting to apply this to January 6. Let’s say that I punch my mailman because he keeps bringing me bills. An argument could be made that I obstructed a constitutional function and that violence against mail carriers undermine our system of government and thus I gave “aid and comfort” to those who are actively trying to overthrow the government. Any act, large or small, could come under this prohibition, and under this lawsuit, could be decided by a single partisan judge. I can’t believe that is proper.

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