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2004.10.26

John Kerry and the 14th Amendment, section 3

I just sent the following email to Professor Eugene Volokh, whose excellent "The Volokh Conspiracy" site is on my personal "must read daily" list, and cc:'d a handful of other bloggers I thought might be interested:

Professor Volokh,

I read with great interest your excellent October 20 “The Volokh Conspiracy” article “Kerry and 14th Amendment, section 3” , although I was disappointed to learn that in your professional opinion, which I claim no qualifications to dispute, the 14th Amendment, taken in conjunction with other information available on October 20, does not disqualify John Forbes Kerry from holding high elective office in the United States.

Quoting from your October 20 article:

… "aid or comfort" must have been understood to mean actions intended to help the enemy that actually gave it aid, and not simply actions that had the effect of helping the enemy …

If I understand correctly, the issue of intent was key in your conclusion that section 3 of Amendment 14 does not disqualify John F Kerry from becoming President.

It has come to light within the last 24 hours (see here, here, here, here, and here, for instance) that John Kerry’s activities in the early 1970’s did not aid the North Vietnamese merely by coincidence, but were in fact being directed by the North Vietnamese, and were thus intended to aid them. I wonder, then, whether the new information affects your conclusions of October 20. I would welcome an answer to my question by return email, but I would be more pleased by an answer posted on The Volokh Conspiracy, as I feel the question is of general interest to the public. Will you oblige me sir?

Regards,

Bill Faith
bdfaith@yahoo.com, bill.faith@gmail.com
http://smalltownveteran.typepad.com/

Please note that I am not a lawyer and do not claim to be qualified to answer the question I asked Professor Volokh. One of the other bloggers I copied was Prof Ann Althouse, another law professor whose insights are welcomed throughout the blogosphere. To my knowledge, Prof Althouse has not previously commented on either the 14th Amendment issue or the recent "Puppetgate" matter and I hope she will not consider herself spammed when she receives my mail.

Update: Prof Volokh has written me back for more information, which I have provided. Developing ....

Posted by Bill Faith on October 26, 2004 at 04:50 PM in Jean Fraud Kerry | Permalink


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Listed below are links to weblogs that reference John Kerry and the 14th Amendment, section 3:

» Kerry a Vietcong Agent II from Simply American
There might - it's just a thought - might be 14th Amendment problems for a Kerry presidency. Now, that might not be an issue if CBS' Explosives Bonanza and [Read More]

Tracked on Oct 26, 2004 9:12:29 PM



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