Abstract

http://ssrn.com/abstract=1294671
 


 



Does the Incompatibility Clause Apply to the President?


Steven G. Calabresi


Northwestern University - School of Law

November 3, 2008

PENNumbra, University of Pennsylvania Law Review, Forthcoming

Abstract:     
These two short essays address the question whether the Incompatibility Clause of Article I, Section 6 of the Constitution will require Senator Barack Obama or Senator John McCain to resign their senate seats prior to being sworn in as President of the United States. The legal question presented is whether the presidency is an office under the United States - an arguably murky term. Seth Barrett Tillman has argued recently that the presidency is not an office under the United States, and these two essays respond to and rebut Tillman's arguments.

Number of Pages in PDF File: 9

Keywords: Incompatibility Clause, Office under the United States, Senator Obama, Senator McCain

JEL Classification: K19

Accepted Paper Series





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Date posted: November 4, 2008  

Suggested Citation

Calabresi, Steven G., Does the Incompatibility Clause Apply to the President? (November 3, 2008). PENNumbra, University of Pennsylvania Law Review, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1294671

Contact Information

Steven G. Calabresi (Contact Author)
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States

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