Tag Archives: Election Law

Delving into the Qualifications for US Presidential Candidacy


Constitutional Cornerstones

Understanding the qualifications for US Presidential Candidacy starts with the US Constitution. Article II, Section 1, Clause 5 dictates that a candidate must:

  • Be a natural-born citizen of the United States
  • Be at least 35 years old
  • Have been a US resident for 14 years

Weighing the Impact of Impeachments

The effect of past failed impeachments on presidential eligibility is often queried. Notably, failed impeachments, like those of Presidents Clinton and Trump, do not disqualify someone from presidential office. However, if an impeachment results in a conviction in the Senate, it prohibits the individual from holding future federal office, as stated in Section 3 of the Fourteenth Amendment.

Character: An Unwritten Requirement

Character plays an implicit role in the qualifications for US Presidential Candidacy. While the Constitution remains silent on this aspect, voters’ expectations often fill the gap. Potential leaders displaying qualities such as honesty, as shown by Jimmy Carter’s “I’ll never lie to you” statement, or resilience, as demonstrated by Franklin D. Roosevelt’s leadership during WWII, tend to be favored. Such character traits, although unwritten, can be pivotal in a candidate’s electoral success.

Felonies and Misdemeanors: An Overview

Despite the severe repercussions they often entail, felony and misdemeanor convictions do not legally prevent a candidate from running for the presidency. However, they can negatively influence public opinion and, thus, a candidate’s chances of winning an election.

Historical Instances: Criminal Records and Candidacies

Historically, candidates like Eugene Debs and Lyndon LaRouche have run for president despite criminal convictions. Debs, convicted under the Espionage Act, ran his 1920 campaign from prison, earning almost a million votes but not the presidency (source). LaRouche, convicted of mail fraud, also ran from prison in 1992, but his bid was unsuccessful as well (source).

Concluding Thoughts

The qualifications for US Presidential Candidacy transcend constitutional benchmarks, extending into personal integrity, criminal histories, and potential impeachment repercussions. A comprehensive understanding of these elements can shed light on the challenging path to the nation’s highest office.


Disclaimer: This article is intended to provide general information about the qualifications for US Presidential Candidacy and should not be taken as legal advice. Every situation is unique, and legal strategies may vary accordingly. Always consult with a professional attorney for any legal advice. For specific inquiries or legal assistance, please contact Reeves Lavallee, PC in Worcester, MA.