On the Record...
Constitutional Interpretation, General
Constitutional Law | Law
Professor Saikrishna Bangalore Prakash responds to Mr. Seth Barret Tillman's Article and defends the traditional interpretation of the Incompatibility Clause, under which a President is prohibited from simultaneously serving as a congressional representative. The ramifications that would result if a President could also hold a position in the Senate or the House of Representatives, Professor Prakash argues, are too problematic for Mr. Tillman's reading to replace the traditional understanding of the Incompatibility Clause. Therefore, the next President, whether Senator McCain or Senator Obama, would need to resign from the Senate before assuming the Executive Office.
Saikrishna Bangalore Prakash, Why the Incompatibility Clause Applies to the Office of the President, 4 Duke Journal of Constitutional Law & Public Policy Sidebar 35-43 (2008)