Yes, Virginia, Trump is eligible to run for president

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By Ben Baker
The Wiregrass Farmer

ASHBURN — A lot of people are wondering how Donald Trump is still a candidate for president and the likely Republican nominee. They point to the recent felony convictions in New York and his being impeached twice by the House of Representatives. They argue this disqualifies him for both the election and the position.

They are wrong.

The U.S. Constitution is the only document and only law that sets out qualifications for the president. U.S. Constitution, Article II, Section 1, Clause 5: No person except a natural-born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.

That’s it. Those are the only qualifications. Trump was born in the U.S. to U.S. parents. At 77 years old, he is more than twice as old as the age limit requires. He has never lived outside the United States and mostly lived in New York. He now claims Florida as his home.

Trump is 100% qualified to run for president.

The only way to prevent Trump from being qualified to be president under the Constitution is to amend the nation’s founding document and basis for all laws. The Constitution has two ways it can be amended, and neither is fast and neither can be done before the November election.

Congress cannot pass a law declaring him ineligible for the presidency because of how it is spelled out in the Constitution. What Congress can do, and tried to do twice, is impeach him and convict him of the crimes listed in the impeachment documents.

Trump was twice impeached. He stayed in office because the Senate did not convict him. Andrew Johnson was impeached in 1868, and the Senate did not convict him so he stayed in office. Bill Clinton was impeached in 1998 and also was acquitted by the Senate. He stayed in office.

Just like those two former presidents, Trump’s impeachment is irrelevant to his running for office because he was not convicted.

Constitution Article II, Section 4: 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.

The House of Representatives impeached Trump. This is an indictment, exactly the same as what a grand jury does. A grand jury indictment is not a conviction; it means the grand jury says there is enough evidence to take the case to trial.

Constitution Article II, Section 2: The House of Representatives shall choose their Speaker and other officers; and shall have the sole power of impeachment.

The U.S. Senate holds the trial. In both cases, the Senate failed to get enough votes to convict Trump. He was acquitted. What he was charged with, either time, is also irrelevant because of his acquittal.

Constitution Article II, Section 3: The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no person shall be convicted without the concurrence of two thirds of the members present.

How voters view Trump’s legal problems is a different matter entirely. The office of president is unique in the United States. It is the only elected office for which every voter in the U.S. can vote.

U.S. House members and U.S. Senators are federal offices, but those elections are confined to each of the 50 states, two senators per state. House of Representatives members are distributed based on population. Seven states have one Representative: Alaska, Wyoming, Montana, North Dakota, South Dakota, Vermont and Delaware.

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Author

Except for a brief period, Albany Herald Editor Carlton Fletcher has been a newspaperman, working as Sports Writer/Columnist for the weekly Ocilla Star, as Sports Writer/Sports Editor with The Tifton Gazette, and as Sports Writer/Copy Editor/News Reporter/Features Editor and Editor of the paper. He has won numerous awards for sports, news, business and column writing, including a first-place Business Writing award in last year’s Georgia Press Association awards competition.

Read Carlton’s stories.

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