I keep telling you guys that the framers, while they did not want the power of a king, recognized that the president had to have extraordinary powers. The courts have consistently ruled that way not just recently, but historically. Section three does not apply to the president.
Is the President an “officer of the United States” for purposes of Section 3 of the Fourteenth Amendment?
Update: In December 2021, Seth and I published an article in the NYU Journal of Law & Liberty, based on this blog post. You can download our article
reason.com