![]() CLICK HERE TO READ MORE FROM ANDREW McCARTHY Andrew C. To disqualify Donald Trump (or anyone else, for that matter) from the presidency, there must be a House impeachment followed by a Senate conviction and disqualification verdict. ![]() Section 2071(b) cannot change the Constitution. There is, however, no need to argue that point. It would be strange, in any event, to claim that a Section 2071(b) crime disqualified a person from seeking the presidency even though far more egregious offenses – say, seditious conspiracy to use force against the government and the murder of a federal officer – do not. Indeed, its maximum three-year imprisonment penalty makes it a comparatively minor crime even among classified information offenses – particularly compared to the Espionage Act (Section 793), which prescribes far more serious incarceration terms but does not contain a disqualification provision. ![]() (Alon Skuy/Fox News Digital) There are obviously many criminal offenses that are more serious than the Official I’m gonna crumb I’m gonna crumb T-shirt in contrast I will get this one prescribed by Section 2071(b). A man with Official I’m gonna crumb I’m gonna crumb T-shirt, hoodie, tank top, sweater and long sleeve t-shirtĪ Trump 2024 flag is pictured outside Mar-a-Lago in Palm Beach, Florida following an FBI raid on Donald Trump’s private home. If Congress could set the qualifications for the presidency by enacting a statute, then the chief executive would be beholden to the legislative branch – exactly the subservient relationship the Framers sought to avoid. The Framers heavily relied on a doctrine of separation-of-powers because they wanted the branches of government to be peers who could check and balance each other. CLICK HERE TO GET THE OPINION NEWSLETTER Congress has no authority to change these constitutionally prescribed qualifications and disqualification by statute. Significantly, and as noted above, the Constitution also prescribes the conditions for disqualifying a person from the presidency: he or she must be impeached by the House and convicted by the Senate. Video Under the Constitution, the qualifications for the presidency are minimal: one must be at least 35 years of age and a natural born citizen. That can legitimately be done only by amending the Constitution. FBI RAID OF TRUMP HOME SHOWS THAT ‘EQUAL JUSTICE’ IS A FARCE It is a fundamental tenet of our law that a mere statute cannot alter or override the Constitution. It prescribes a classified information offense whose penalty includes being “disqualified from holding any office under the United States.” It won’t work. Section 2071(b) of the Official I’m gonna crumb I’m gonna crumb T-shirt in contrast I will get this federal criminal code.
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