The Law And Presidency: A Study Requirement?

There are no specific educational requirements to become the President of the United States. However, an understanding of the law, the Constitution, and the history of legislation can be beneficial. Twenty-five US presidents, including Barack Obama and Bill Clinton, have been attorneys. A legal background can aid in reviewing and signing or vetoing legislation, as well as in predicting the longevity of laws and understanding how they might change over time. Additionally, studying law can provide opportunities to make political connections, as many politicians begin their careers as lawyers. While a law degree is not necessary, it can be advantageous for aspiring presidents to consider the skills they will need and choose an educational path that will provide a well-rounded foundation for their future political career.

Natural-born citizen

The US Constitution requires that the president of the US be a "natural-born citizen". This is generally interpreted to mean someone who was born a citizen of the US, either by being born in the US and/or by being born to American parents. However, the Constitution does not define the phrase "natural-born citizen".

The consensus of early 21st-century constitutional and legal scholars, together with relevant case law, is that natural-born citizens include those born in the United States. As of 2016, the consensus was that those born elsewhere who meet the legal requirements for birthright citizenship are also natural-born citizens.

The Fourteenth Amendment does not address the issue of presidential eligibility or use the phrase "natural-born citizen". It states:

> All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

The US Constitution sets out three basic requirements for holding the office of President:

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

The natural-born citizen clause has been mentioned in several decisions of the United States Supreme Court and by some lower courts that have addressed eligibility challenges. However, the Supreme Court has never directly addressed the question of a specific presidential candidate's eligibility as a natural-born citizen.

The natural-born citizen clause is not unique to the US. Many countries specify citizenship since birth as a requirement to hold the office of head of state. This is often described using the natural-born phraseology and sometimes further qualified as requiring physical birth within the country's territory and/or requiring that one or both natural parents be a citizen of the country at the time of birth.

Minimum age requirement

The U.S. Constitution sets out three basic requirements for eligibility to be President of the United States. One of these is that the candidate must be at least 35 years old. This is specified in Article II, Section 1, Clause 5 of the Constitution, which states:

> "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."

The minimum age requirement for the presidency was a subject of debate during the drafting of the Constitution. George Mason proposed a minimum age of 25, while James Wilson argued that there should be no age restrictions. The Founders eventually settled on 35 as the minimum age for the presidency (and vice presidency).

The age requirement for the presidency is intended to ensure that the person holding the office has the necessary maturity for the position, as well as sufficient time in a public role for the electorate to be able to assess their merits as a candidate. As Justice Joseph Story wrote, the nature of the executive power requires "solid wisdom," and an age requirement is appropriate for the head of the executive department.

In addition to the minimum age requirement, the Constitution also sets out age requirements for other civil officers. For example, Senators must be at least 30 years old, and Representatives must be at least 25 years old.

Residency requirements

Article II, Section 1, Clause 5 of the United States Constitution sets out the residency requirements for eligibility to be elected to the office of President. To serve as president, one must have "been fourteen Years a Resident within the United States". This requirement was designed to ensure that a presidential candidate has some sort of physical tie to the country and that the people have a full opportunity to know the candidate's character and merits.

The residency requirement can be interpreted in two ways: consecutively or cumulatively. The former interpretation suggests that a person must have lived within the United States for fourteen straight years before assuming the office of president. The latter interpretation allows for the accumulation of fourteen years of residency at any point in a person's life. For example, a 14-year-old child who leaves the US and returns at 50 years old would be eligible to be president under the cumulative interpretation.

The consecutive interpretation may disqualify many people, including those serving in the military or diplomatic service, or those conducting business outside the country. Herbert Hoover, who lived in London from 1910 to 1917 and was elected president in 1928, sets a precedent for the cumulative interpretation.

The residency requirement ensures that candidates are familiar with the country's political climate, culture, and issues affecting the American populace. It allows them to develop a comprehensive understanding of the challenges faced by citizens and equips them with the knowledge necessary to address these issues effectively.

The role of the Electoral College

While it is not necessary to study law to become the President of the United States, a knowledge of the law is certainly beneficial, as the President is responsible for the execution and enforcement of laws created by Congress.

The Electoral College is a process, not a physical place, established by the Founding Fathers in the Constitution. It is a compromise between the election of the President by a vote in Congress and the election of the President by a popular vote of qualified citizens. The College consists of 538 electors, and a majority of 270 electoral votes are required to elect the President.

The Electoral College process can be broken down into three parts: the selection of electors, the meeting of electors, and the counting of the electors' votes by Congress. Each state gets as many electors as it has members of Congress (House and Senate). The District of Columbia is allocated three electors and is treated like a state for the purposes of the Electoral College.

The selection of electors is a two-part process. First, each state's political parties choose their own slate of potential electors before the general election. Second, during the general election, the voters in each state select their state's electors by casting their ballots. The winning presidential candidate's slate of potential electors are then appointed as the state's electors.

The electors then meet in their respective states in mid-December to cast their votes for President and Vice President. These votes are recorded on a Certificate of Vote, which is sent to Congress to be counted.

While the Constitution does not require electors to vote for the candidate chosen by their state's popular vote, some states do. Electors who vote against the popular vote in their state may be fined, disqualified, and replaced by a substitute elector, or even prosecuted by their state.

The Electoral College process is outlined in the Constitution and would require a constitutional amendment to be changed.

The role of the Vice President

While a law degree is not a prerequisite to becoming the President of the United States, the role demands a strong understanding of the nation's laws and governance. The President is responsible for enforcing the laws written by Congress and has the power to issue executive orders, negotiate and sign treaties, and grant pardons. Now, let's delve into the role of the Vice President:

The Vice President of the United States is the second-highest position in the country's power structure and is a critical component of the Executive Branch of the government. The primary responsibility of the Vice President is to be prepared to assume the Presidency in the event of the President's death, resignation, or temporary incapacitation. The Vice President is also elected by the Electoral College, just like the President, and serves as the President of the United States Senate, where they cast the deciding vote in the rare case of a tie.

Historically, the role of the Vice President has evolved over time. Initially, the Vice President's main function was to be ready to step in as President if needed. However, starting in the 1920s, the role began to shift towards more executive branch functions, with Vice Presidents being included in cabinet meetings and representing the President domestically and globally.

The Vice President's role is also defined by the 25th Amendment to the Constitution, which outlines the process for determining presidential vacancies, inability, or disability. According to the amendment, if the President notifies Congress of their inability to discharge their duties, the Vice President becomes the acting President until the President resumes their role. Additionally, if the Vice President and a majority of the Cabinet deem the President unfit to serve, they can notify Congress, and the Vice President becomes the acting President.

The current Vice President of the United States is Kamala D. Harris, the 49th person to hold this position. She is the first woman and the first woman of colour to serve as Vice President. Vice President Harris, like her predecessors, has the option to take on a specific policy portfolio or serve as a top adviser to the President. The Vice President has an office in the West Wing of the White House and an official residence at the United States Naval Observatory in Washington, D.C.

Frequently asked questions