A Guardhouse Lawyer’s Brief

Constitution of the United States of America,14^th Amendment, Section 3:
“No person shall .  .  .  hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath .  .  .  to support the constitution of the United States, shall have engaged in insurrection or rebellion against the same  .  .  .” (emphasis added)

Having sworn to “preserve, protect and defend the Constitution of the United States,” President Donald Trump orchestrated and ordered a physical assault on the United States Capitol, Congress, and the Constitution.

Some argue the President does not “hold any office” of the United States, and is, therefore, exempt from censure under the 14^th Amendment, Section 3.  Ignoring its common-sense absurdity, this assertion hinges on the definition of an “office.”   

Article II, Section 1, of the Constitution states:
“The executive Power shall be vested in the President of the United States of America.
He shall hold his Office during the Term of four Years  .  .  .” (emphasis added)

Merriam Webster defines “Officer” as “one who holds an office of trust authority or command.” (emphasis added)

Ergo: Under Article II, Section1, the President of the United Staes holds an “office” of the Unted States and is subject to the Constitution’s 14^th Amendment, Section 3.