One must-read delivered daily to your inbox

Why Weren’t Presidents Explicitly Included in the 14th?

 Member Newsletter
February 8, 2024 11:34 a.m.

I don’t know how or whether this has any relevance to today’s proceedings and ballot disqualification. But it’s one place where history provides some guidance as to why an amendment is written the way it is. First, I don’t think it makes sense at all that the disqualification clause doesn’t apply to the President. It’s a very over-clever semantic argument that is on par with the logic behind the “independent state legislature” theory: a hyper-literal focus on text without context which has the effect of producing an outcome no one could have intended. But — and this is a significant “but” — it is true that presidents were not what the authors of the language were most concerned about. And that matter of focus may have impacted how they structured the language.

Want to keep reading?

Join TPM and get The Backchannel member newsletter along with unlimited access to all TPM articles and member features.

I'm already subscribed

Not yet a TPM Member?

I'm already subscribed

One must-read from Josh Marshall delivered weekly to your inbox

Your subscription could not be saved. Please try again.
Your subscription has been successful.

One must-read from Josh Marshall delivered weekly to your inbox

Masthead Masthead
Founder & Editor-in-Chief:
Executive Editor:
Managing Editor:
Deputy Editor:
Editor at Large:
General Counsel:
Publisher:
Head of Product:
Director of Technology:
Associate Publisher:
Front End Developer:
Senior Designer: