If this has been discussed before I apologize, I have been away.
There is a lot of talk around here about Kerry not being able to be Prez because of his dealings with the VC in Paris and his protesting of the Veitnam war.
The 14th Amendment is very explicit about who cannot run for President, giving comfort to the enemy etc.
Does anyone know more about this?
Does a person have to be convicted for this to stick?
While it seems to me he should not be able to run, surely someone else would have come up with this also if it were true.
WANWTF, while the constitution spells out the basic requirements early on, the 14th ammendment took things a bit further to define who should not be allowed to run.
Aunsaber, like all things, a person must be convicted before they may be punished, in this instance charges were not even formally brought against kerry. Why? I don't know, perhaps there were bigger events going on that took up the time and resources of those responsible or perhaps influence was brought to bear that caused it to be overlooked.
What I would like to know is what kind of discharge kerry received from the Navy when he got out. I have heard, but have not been able to verify, that his discharge was upgraded in 2000 to an honorable discharge. What was it before? Most likely a General, I would guess, since a dishonorable or BCD is very difficult to be upgraded without a lot of publicity and court hearings.
Section. 3. 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.
Section. 3. 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.
The way I see it, the Vietnam conflict was not an "insurrection or rebellion" (at least not in the U.S.), so I don't believe this clause would prohibit Kerry from running for or being elected president.
He's an enemy of the Liberty we cherish, and he's a big-time jackass, but the 14th Amendment can't do anything about that.
Viet Nam May not have been a declared war and there may have been no insurrecetion or rebellion (but it was darned close to it) But kerry, sure as blazes gave aid and comfort to our enemies.
Why charges were never brought against him remains a mystery.
Kerry and the 14th amendment?
