# As a felon can Trump be Commander in Chief? **URL:** \ **Category:** Politics & Elections\ **Tags:** trump\ **Created:** [June 21, 2024, 11:05pm UTC](https://boards.straightdope.com/t/as-a-felon-can-trump-be-commander-in-chief/1003185 "2024-06-21T23:05:55Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![X.L.Lent](https://avatars.discourse-cdn.com/v4/letter/x/a5b964/32.png) [@X.L.Lent](https://boards.straightdope.com/u/X.L.Lent)\ **Post date:** [June 21, 2024, 11:05pm UTC](https://boards.straightdope.com/t/as-a-felon-can-trump-be-commander-in-chief/1003185/1 "2024-06-21T23:05:55Z")
If I understand correctly, felons are not allowed to join the military. So what happens if Trump is elected president? Will he be barred from acting as Commander in Chief? Would the highest ranking general become the Comander in Chief instead? ---
**Author:** ![themapleleaf](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/themapleleaf/32/14349_2.png) [@themapleleaf](https://boards.straightdope.com/u/themapleleaf)\ **Post date:** [June 21, 2024, 11:19pm UTC](https://boards.straightdope.com/t/as-a-felon-can-trump-be-commander-in-chief/1003185/2 "2024-06-21T23:19:26Z")
It begs the question of - is the Commander in Chief technically a member of the military, even if they can command it? ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [June 21, 2024, 11:19pm UTC](https://boards.straightdope.com/t/as-a-felon-can-trump-be-commander-in-chief/1003185/3 "2024-06-21T23:19:43Z")
The President is not in the military. The military _is_ under civilian control. ---
**Author:** ![X.L.Lent](https://avatars.discourse-cdn.com/v4/letter/x/a5b964/32.png) [@X.L.Lent](https://boards.straightdope.com/u/X.L.Lent)\ **Post date:** [June 21, 2024, 11:28pm UTC](https://boards.straightdope.com/t/as-a-felon-can-trump-be-commander-in-chief/1003185/4 "2024-06-21T23:28:42Z")
According to Wikipedia the Commander in Chief “…possessing ultimate authority, but no rank, maintaining a civilian status.”\* So it appears that a felon could hold the position of Commander in Chief without any issues. \*Source: > **[Powers of the president of the United States | Commander-in-chief](https://en.wikipedia.org/wiki/Powers_of_the_president_of_the_United_States#Commander-in-chief)** > > The president is the commander-in-chief of the United States Armed Forces as well as all federalized United States Militia and may exercise supreme operational command and control over them. The president has, in this capacity, plenary power to launch, direct and supervise military operations, order or authorize the deployment of troops, unilaterally launch nuclear weapons, and form military policy with the Department of Defense and Homeland Security. However, the constitutional ability to declar... ---
**Author:** ![PhillyGuy](https://avatars.discourse-cdn.com/v4/letter/p/ed655f/32.png) [@PhillyGuy](https://boards.straightdope.com/u/PhillyGuy)\ **Post date:** [June 21, 2024, 11:36pm UTC](https://boards.straightdope.com/t/as-a-felon-can-trump-be-commander-in-chief/1003185/5 "2024-06-21T23:36:35Z")
Trump is disqualified for the presidency due to having broken his first term oath of office (14th amendment article 3). However, in practice, it is up to the voters to read the Constitution, recall news reports related to January 6, and withhold their vote from a disqualified candidate. I think this applies to any disqualification in event the candidate is as popular as Donald Trump. ---
**Author:** ![Sage\_Rat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sage_rat/32/399_2.png) [@Sage\_Rat](https://boards.straightdope.com/u/Sage_Rat)\ **Post date:** [June 21, 2024, 11:38pm UTC](https://boards.straightdope.com/t/as-a-felon-can-trump-be-commander-in-chief/1003185/6 "2024-06-21T23:38:40Z")
If Congress is all-Democratic, his status as a felon would give a pretty bright green signal for impeaching and removing him for high crimes and misdemeanors - especially given that he was convicted for election crimes. Any faithful interpretation of the Constitution would say that he can’t be the Commander-in-chief on that basis, but that’s only as a sub-part of being ineligible to hold the presidency itself. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [June 21, 2024, 11:41pm UTC](https://boards.straightdope.com/t/as-a-felon-can-trump-be-commander-in-chief/1003185/7 "2024-06-21T23:41:43Z")
> [@Sage\_Rat](#): > > Any faithful interpretation of the Constitution would say that he can’t be the Commander-in-chief on that basis Where in the Constitution does it say a felon can’t be president? ---
**Author:** ![Sage\_Rat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sage_rat/32/399_2.png) [@Sage\_Rat](https://boards.straightdope.com/u/Sage_Rat)\ **Post date:** [June 21, 2024, 11:46pm UTC](https://boards.straightdope.com/t/as-a-felon-can-trump-be-commander-in-chief/1003185/8 "2024-06-21T23:46:37Z")
I take the word “shall” in Article II, section 4 to be an explicit command to anyone who has sworn an oath to the Constitution. > [@The Constitution](#): > > 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. Legally, you can _run_ for the office and _attain_ the office, but you must immediately be impeached if you’ve committed relevant offenses. Your time is limited. ---
**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\ **Post date:** [June 21, 2024, 11:49pm UTC](https://boards.straightdope.com/t/as-a-felon-can-trump-be-commander-in-chief/1003185/9 "2024-06-21T23:49:26Z")
As far as I can see, there is no legal reason why Trump would not be allowed to be commander in chief, no matter how many crimes he may have committed. The Constitution gives extremely broad freedom to the president (in terms of having few restrictions on him once he has won the office.) ---
**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\ **Post date:** [June 21, 2024, 11:52pm UTC](https://boards.straightdope.com/t/as-a-felon-can-trump-be-commander-in-chief/1003185/10 "2024-06-21T23:52:51Z")
In many cities the police, fire department, dog catcher, and so on report to the mayor in one form or another. That doesn’t make the mayor a fire-fighting police dog catcher. Or to think of it in a simpler way, consider your average good-sized organization with many different departments that all report to a CEO or director or some other ultimate boss. That person isn’t a _member_ of those various departments, even though they all answer to that boss. Similarly, qualifications for all of those different roles are not going to apply to the person in charge. The mayor doesn’t have to go through a police academy and a CEO almost surely doesn’t need years of experience in web design or an engineering degree to run a corporation. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [June 22, 2024, 12:06am UTC](https://boards.straightdope.com/t/as-a-felon-can-trump-be-commander-in-chief/1003185/11 "2024-06-22T00:06:32Z")
> [@Sage\_Rat](#): > > Legally, you can _run_ for the office and _attain_ the office, but you must immediately be impeached if you’ve committed relevant offenses. Your time is limited. The “shall” is referring to the consequences of impeachment by the House, and conviction by the Senate. Those are both political decisions. If the House doesn’t impeach, or the Senate doesn’t convict, the office-holder is not removed. The use of “shall” doesn’t compel either chamber to take a particular decision; it makes removal from office the mandatory result of a impeachment followed by conviction. ---
**Author:** ![JRDelirious](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jrdelirious/32/9531_2.png) [@JRDelirious](https://boards.straightdope.com/u/JRDelirious)\ **Post date:** [June 22, 2024, 12:18am UTC](https://boards.straightdope.com/t/as-a-felon-can-trump-be-commander-in-chief/1003185/12 "2024-06-22T00:18:51Z")
In any case: the Constitution states explicitly the President is CinC of the Armed Forces ex officio, by virtue of being President. Not a matter of interpretation. He does not hold any rank or commission (Eisenhower had to resign his commission to be President then JFK & Congress reinstated it afterwards). > [@Northern\_Piper](#): > > The “shall” is referring to impeachment by the House, and conviction by the Senate. Right, the construction is that **the Official** shall be removed from office, upon impeachment and conviction; not that **the Congress** shall **impeach and convict.** Otherwise what would be the point of voting on it. ---
**Author:** ![enipla](https://avatars.discourse-cdn.com/v4/letter/e/54ee81/32.png) [@enipla](https://boards.straightdope.com/u/enipla)\ **Post date:** [June 23, 2024, 11:54am UTC](https://boards.straightdope.com/t/as-a-felon-can-trump-be-commander-in-chief/1003185/13 "2024-06-23T11:54:39Z")
> [@Velocity](#): > > As far as I can see, there is no legal reason why Trump would not be allowed to be commander in chief, no matter how many crimes he may have committed. But won’t be able to get a job at 7-11, so we’ve got that going for us. ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [June 23, 2024, 12:35pm UTC](https://boards.straightdope.com/t/as-a-felon-can-trump-be-commander-in-chief/1003185/14 "2024-06-23T12:35:57Z")
Even if there were a law passed that said that a felon can’t be President, it wouldn’t matter, because the Constitution lays out the qualifications for the Presidency, and no law short of an amendment can change that. ---
**Author:** ![Lance\_Turbo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lance_turbo/32/6156_2.png) [@Lance\_Turbo](https://boards.straightdope.com/u/Lance_Turbo)\ **Post date:** [June 23, 2024, 1:14pm UTC](https://boards.straightdope.com/t/as-a-felon-can-trump-be-commander-in-chief/1003185/15 "2024-06-23T13:14:10Z")
> [@X.L.Lent](#): > > If I understand correctly, felons are not allowed to join the military. 78-year-olds aren’t allowed to join the military. Getting elected president isn’t joining the military. ---
**Author:** ![Horatius](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/horatius/32/3572_2.png) [@Horatius](https://boards.straightdope.com/u/Horatius)\ **Post date:** [June 23, 2024, 1:19pm UTC](https://boards.straightdope.com/t/as-a-felon-can-trump-be-commander-in-chief/1003185/16 "2024-06-23T13:19:25Z")
> [@Chronos](#): > > Even if there were a law passed that said that a felon can’t be President, it wouldn’t matter, because the Constitution lays out the qualifications for the Presidency, and no law short of an amendment can change that Conversely, it’s only a law (or maybe military policy) that prevents felons from joining the military, and that _could_ be changed if the issue mattered. > [@Lance\_Turbo](#): > > 78-year-olds aren’t allowed to join the military. Same for this. Sure, making it legal for 78-year-olds to join would be a bad idea, but it could be done if the people in charge wanted to do it. ---
**Author:** ![Crafter\_Man](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/crafter_man/32/458_2.png) [@Crafter\_Man](https://boards.straightdope.com/u/Crafter_Man)\ **Post date:** [June 23, 2024, 1:46pm UTC](https://boards.straightdope.com/t/as-a-felon-can-trump-be-commander-in-chief/1003185/17 "2024-06-23T13:46:54Z")
Does the POTUS have to pass a background check to obtain a security clearance? If so, there’s no way a person with 34 felonies can get a security clearance. Wouldn’t that be an issue? ---
**Author:** ![Lance\_Turbo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lance_turbo/32/6156_2.png) [@Lance\_Turbo](https://boards.straightdope.com/u/Lance_Turbo)\ **Post date:** [June 23, 2024, 1:51pm UTC](https://boards.straightdope.com/t/as-a-felon-can-trump-be-commander-in-chief/1003185/18 "2024-06-23T13:51:37Z")
> [@Crafter\_Man](#): > > es the POTUS have to pass a background check to obtain a security clearance? No. The election is the background check. ---
**Author:** ![Q.Q.Switcheroo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/q.q.switcheroo/32/5713_2.png) [@Q.Q.Switcheroo](https://boards.straightdope.com/u/Q.Q.Switcheroo)\ **Post date:** [June 23, 2024, 1:54pm UTC](https://boards.straightdope.com/t/as-a-felon-can-trump-be-commander-in-chief/1003185/19 "2024-06-23T13:54:39Z")
Only until Trump unveils his new “Ban the Ballot Box” law. ---
**Author:** ![Telemark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/telemark/32/372_2.png) [@Telemark](https://boards.straightdope.com/u/Telemark)\ **Post date:** [June 23, 2024, 5:31pm UTC](https://boards.straightdope.com/t/as-a-felon-can-trump-be-commander-in-chief/1003185/20 "2024-06-23T17:31:01Z")
> [@Crafter\_Man](#): > > Does the POTUS have to pass a background check to obtain a security clearance? Security clearances derive from the authority of the President, so it doesn’t make sense for the POTUS. [Next page](https://boards.straightdope.com/t/as-a-felon-can-trump-be-commander-in-chief/1003185.md?page=2)