POTUS CANDIDATE : DISQUALIFICATIONS : FELONY : CONTEMPT OF COURT - CONVICTED FELONS PROHIBITED : THE MENS REA JURISDICTION WITHIN THE CONSTITUTION

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Published By : Goodwin-RC : CEO +1News Central

MAY 2ND, 2024

OEDIPUS ARCHIVES 

GENERAL QUESTION REGARDING CONVICTED FELONS POTUS DISQUALIFICATION

Convicted felons are not automatically prohibited from running for the office of President of the United States (POTUS). However, there are certain eligibility requirements outlined in the U.S. Constitution that a candidate must meet to run for POTUS. Let’s break it down:

1. Constitutional Eligibility:
   • Article II, Section 1 of the U.S. Constitution sets forth the qualifications for the presidency. According to this section, a candidate must:
     • Be a natural-born citizen of the United States.
     • Be at least 35 years old.
     • Have been a resident of the U.S. for at least 14 years.
2. Disqualifications:
   • The Constitution does not explicitly mention felony convictions as a disqualification for presidential candidates.
   • However, individual states may have additional requirements or restrictions. For example:
     • Some states may prohibit individuals with felony convictions from appearing on the ballot.
     • Some states may restore voting and other civil rights to felons after they complete their sentences, while others may permanently disenfranchise them.
     • If a convicted felon’s rights have been fully restored, they may be eligible to run for POTUS.
3. Practical Considerations:
   • Running for POTUS requires significant financial resources, a strong political network, and broad public support. A felony conviction could impact a candidate’s ability to garner support and campaign effectively.
   • Public perception and political considerations play a role. Voters may view a candidate’s criminal history as relevant when making their decision.
4. Historical Context:
   • While no convicted felon has ever been elected President, some candidates with criminal records have run for the office.
   • For instance, Lyndon B. Johnson, who later became President, was once arrested for reckless driving and disturbing the peace.

In summary, while there is no blanket prohibition against convicted felons running for POTUS, practical challenges and public perception may affect their candidacy.

Criminal contempt of court in the United States is not universally categorized as a felony or a misdemeanor. Instead, it’s a unique area of law with its own set of rules and punishments1. Let me break it down for you:

1. Types of Contempt of Court:
   • Civil Contempt: This often involves the failure of someone to comply with a court order. Judges use remedial sanctions to encourage compliance with violated court orders.
   • Criminal Contempt: Charges for criminal contempt of court result in punitive sanctions. They serve to deter future acts of contempt by treating them as criminal offenses. Criminal contempt charges are used to punish offenders who disrupt the court’s business or disrespect the authority of the court.
2. Basis for Contempt:
   • Conduct that defies, disrespects, or insults the authority or dignity of a court can lead to contempt charges. Examples include disorderly conduct, insolent behavior, or actions that obstruct or hinder the administration of justice1.
3. Factors Considered by Judges:
   • Judges decide whether to hold someone in civil contempt or criminal contempt based on factors such as the nature of the underlying court proceeding (criminal or civil) and the severity of the contemnor’s behavior.
   • Typically, the threat of contempt penalties alone is sufficient to deter disruptive and disrespectful behavior. If not, a show cause hearing determines whether the person should be found in contempt of court, ensuring due process1.
4. Federal Law:
   • Under 18 U.S. Code section 401, the court can impose fines, imprisonment, or both when someone shows contempt of its authority. Actions that may lead to contempt charges include misbehavior in or near the court, misbehavior of court officers, or disobedience of lawful court orders2.

In summary, criminal contempt of court can result in serious consequences, but whether it’s classified as a felony or misdemeanor depends on the specific circumstances and jurisdiction1.