Why Our Next President May Keep His or Her Senate Seat: A Conjecture on the Constitution’s Incompatibility Clause

Authors

Seth Barrett Tillman

Document Type

On the Record...

Publication Date

11-4-2008

Keywords

Constitutional Interpretation, General

Subject Category

Constitutional Law | Law

Abstract

In this Article, Mr. Seth Barrett Tillman challenges the traditional interpretation of the Incompatibility Clause and argues that the President may serve both as the Chief Executive and as a member of Congress. Mr. Tillman utilizes the text, history, and structure of the Constitution to support his position. He ultimately concludes that whoever serves as the next President -- Senator Obama or Senator McCain -- need not resign from the Senate before assuming the Executive Office.

Comments

Republished as: 4 Duke J. Const. Law & Pub. Pol'y 107 (2009)

Recommended Citation

Seth Barrett Tillman, Why Our Next President May Keep His or Her Senate Seat: A Conjecture on the Constitution’s Incompatibility Clause, 4 Duke Journal of Constitutional Law & Public Policy Sidebar 1-34 (2008)