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Does the Incompatibility Clause Apply to the President?

9 Pages Posted: 4 Nov 2008  

Date Written: November 3, 2008

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.

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

JEL Classification: K19

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: https://ssrn.com/abstract=1294671

Steven G. Calabresi (Contact Author)

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

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