Education and Eligibility: Understanding the Requirements to Become President of the United States
The office of President of the United States is one of immense importance, placing the individual at the top of the executive branch. As head of state and commander-in-chief of the armed forces, the president is responsible for representing the best interests of every American. The president wields immense authority, with the power to authorize military actions, sign or veto laws, and even launch nuclear strikes. Given the significance of this role, it is not surprising that the Founding Fathers established specific requirements for who can hold this position.
This article will explore the constitutional requirements and other qualifications expected of individuals seeking the highest office in the United States.
Constitutional Requirements for the U.S. President
The Constitution of the United States outlines several requirements that every person must meet to become President. Article II, Section 1, Clause 5 of the Constitution sets forth three qualifications for holding the presidency:
- Natural-born Citizen: The president must be a natural-born citizen of the United States.
- Age: The president must be at least 35 years of age.
- Residency: The president must have been a resident within the United States for fourteen years.
These are the only explicit requirements outlined in the Constitution.
Natural-born Citizen Requirement
The Constitution states that only natural-born citizens are eligible for the presidency. This requirement has been a topic of discussion among legal scholars. The Framers appear to have adopted the requirement that citizens be natural born citizens to ensure that the President’s loyalties would lie strictly with the United States. The Constitution requires the president to be at least 35 years of age.
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The term "natural-born citizen" is not explicitly defined in the Constitution. There are varying interpretations of the term "natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution". One interpretation suggests that a person born outside the country to parents who are American citizens is likely a "natural born citizen." The First Congress also passed the Naturalization Act of 1790, which provided that children of citizens of the United States, that may be born beyond the sea, . . . shall be considered as natural born citizens. However, the Supreme Court has never decided a case regarding whether a person born outside the United States could become president. Someone who goes through the naturalization process is necessarily not a natural-born citizen.
The qualifications clause set forth in Article II, Section 1, Clause 5 requires the President to be a natural-born citizen.
Age and Residency Requirements
The Constitution requires the president to be at least 35 years of age. In The Federalist No. 68, Alexander Hamilton wrote about the importance of the age requirement. The Constitution also sets age requirements for other civil officers. For example, Senators must be at least 30 years old. The Framers appear to have adopted the requirement that citizens be natural born citizens to ensure that the President’s loyalties would lie strictly with the United States.
The Framers debated the residency requirement for the presidency and members of Congress. Instead, they created a system where anyone could become a member of Congress. However, they had to satisfy specific residency requirements. As James Madison from Virginia noted in The Federalist No. 52, "No person who is not a citizen of the United States, shall be a representative." The Framers adopted a 14-year residency requirement for the presidency. Justice Story also noted that the candidate does not have to be physically present in the United States for 14 years to satisfy the requirement.
Oath of Office
The clause indicates that the president must take the oath before assuming office. However, President George Washington took office on March 4, 1789. Until 1933, the president-elect would take the oath of office in March of the year after the election. Today, the president-elect takes the oath of office on January 20th following the presidential election. Until the president-elect takes the oath, the sitting president remains the President of the United States.
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The taking of the oath of office is one of the most formal events surrounding the election of a new president. Every president since George Washington has taken the oath of office. Although the location has changed over time, it has become tradition to administer the oath of office on the west portico4 of the Capitol Building. The text is prescribed in the United States Constitution (Article II, Section I, Clause 8). The president-elect places his hand on the Bible, raises his right hand, and takes the oath as directed by the chief justice.
Disqualifications and Limitations
Article I, Section 3, Clause 7 deals with presidential impeachments. The Fourteenth Amendment also limits who can become president. It prohibits anyone who swore to uphold the Constitution from becoming president if they rebelled against America.
The Constitution doesn’t address this issue directly. Some federal statutes (like the one that makes mishandling official records a crime) disqualify a convicted person from holding public office. If the Senate convicts someone in an impeachment trial, it can bar them from holding federal office. An incarcerated person can run for and, in theory, become president. But there’s nothing legally stopping an incarcerated person from running for president. Several other people have run for president while in prison. For example, Eugene V. Debs ran for president while incarcerated. However, if someone were elected from behind bars, they would likely struggle to perform their presidential duties.
The Twenty-second Amendment imposes a two-term limit on presidents. A vice president who assumes office part way through a president’s term, however, may serve for two-and-a-half terms, or a total of ten years. For example, Lyndon B. Johnson succeeded John F. Kennedy after Kennedy’s assassination in 1963 and later ran for president, winning the 1964 election. He could have run again in 1968 but decided against seeking a second term.
Informal Requirements and Expectations of the U.S. President
While the constitutional requirements to become president are minimal, voters generally expect presidential candidates to meet a wide range of informal requirements before they will choose them to be their president. Americans expect their president to be a strong leader who understands the needs of the people and represents them. Some of the demands voters place on those who would be president are contradictory. For example, candidates are often expected to be visionaries, but they should also have a keen grasp on practical matters.
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Political candidates typically spend decades building their careers, establishing credibility, and gaining public support. Personal safety is another major concern. US presidents are the highest-profile figures locally and globally, making them targets for severe threats. The Secret Service is considered one of the world’s most elite law enforcement agencies. They protect the president, vice president, their families, former presidents, and presidential candidates, ensuring their safety. Barack Obama completed his presidency seven years ago but is still being protected by the Secret Service and will be for a lifetime.
Education and Experience
Many jobs require a specific degree before you’re even considered for the role - but interestingly enough, there’s no specific educational requirement to become the president of the US. However, most presidents have pursued higher education.
Here are some examples of the educational backgrounds of former US presidents:
- John Adams: Attended Harvard College to study theology, mathematics, and natural science.
- William Henry Harrison: Enrolled in medical school at the University of Richmond.
- Woodrow Wilson: Attended the College of New Jersey (now Princeton) for his undergraduate degree and later attended law school at the University of Virginia.
- Herbert Hoover: Was a member of Stanford University’s inaugural class and pursued a career as a mining engineer.
- Franklin D. Roosevelt: Pursued a law degree at Columbia University.
- John F. Kennedy: Graduated from Harvard University with a BA in Government with a concentration in International Affairs.
- Bill Clinton: Attended Yale University and received a law degree.
- George W. Bush: Pursued a Bachelor’s degree in History at Yale University and then attended Harvard University to pursue a Master of Business Administration.
- Joe Biden: Graduated from the University of Delaware with a double major in history and political science.
While a specific degree is not required, university is also a crash course in public life. From learning how to manage group projects to handling criticism from professors, your time there will train you to lead, listen, and adapt. Imagine studying political science and better understanding how the US and other world governments function.
Political Affiliation
If you want any shot at becoming president, you’ll likely have to register as a Democrat or Republican. Political candidates typically spend decades building their careers, establishing credibility, and gaining public support.
Other Considerations
- Leadership Qualities: Americans expect their president to be a strong leader who understands the needs of the people and represents them.
- Communication Skills: All eyes will be on you as you share your vision for the future of the nation.
- Resilience: Personal safety is another major concern. US presidents are the highest-profile figures locally and globally, making them targets for severe threats.
- Integrity: The president has many responsibilities that he accepts when becoming a new president.
- Understanding of the Constitution: Why do you think the oath of office only specifies the president’s responsibility to preserve, protect, and defend the Constitution? Why would that be significant?
State Legislation and the "Birther" Movement
Individual states did not introduce significant relevant legislation until the 2008 election of Barack Obama, when a controversy known as the birther movement was promoted by various conspiracy theorists.
In March 2009, Bill Posey introduced legislation, H.R. 1503, in the U.S. House of Representatives to amend the Federal Election Campaign Act of 1971. The controversy, known as the birther movement, was promoted by various conspiracy theorists who claimed that Barack Obama was not a natural-born citizen, as mandated by the Constitution, and thus was ineligible to be President of the United States. This prompted several state legislatures to consider legislation aimed at requiring future presidential candidates to provide proof of citizenship by birth before being granted ballot access in their state.
For example, on April 19, 2010, the Arizona House of Representatives voted in favor of a rider to require presidential candidates "to submit documents proving they meet the constitutional requirements to be president". If enacted, the law would give the Arizona Secretary of State the power to omit a candidate's name on the state ballot if there is "reasonable cause" to believe that the documents are not adequate proof of the requirements for office.
Similar legislation was introduced in other states, including:
- Connecticut
- Georgia
- Hawaii
- Missouri
- Oklahoma
- Tennessee
- Texas
These legislative efforts largely stemmed from the "birther" movement and aimed to address concerns about presidential candidates' eligibility based on citizenship.
The Path to the Presidency: A Step-by-Step Guide
Thinking about applying? A word of caution: You’ll have a heavy workload, long hours, and no privacy.
- Meet the Basic Requirements: The Constitution states that the president must be a natural born citizen of the United States.
- Gain Experience: By now, you’ve earned degrees and accolades and are ready to pursue a career in politics.
- Declare Candidacy: Once you’re in the political spotlight, it’s time to announce your run for president.
- Primary Elections and Caucuses: Six to nine months before the election, primary voters in certain states choose their preferred candidate. Other states hold caucuses where a political party gathers and votes for a preferred candidate.
- National Convention: Get the majority of your party’s delegates and at the end of the national convention, your party will announce that you are the final presidential nominee.
- General Election Campaign: With the election months away, you and your opponent will go head-to-head in front of tens of millions of viewers.
- Election Day: After years of planning, sacrifices, and nonstop campaigning, it all comes down to Election Day, held every four years on the Tuesday after the first Monday in November. All you can do now is cast your vote and wait for the results.
- Electoral College: When people cast their vote, they’re actually voting for electors from each state. Each state has its own group of electors, and whichever candidate wins a state’s popular vote wins all that state’s electors. The Electoral College consists of 538 electors, but you’ll need a majority (270) to win.
- Inauguration: The road to the White House was long and daunting, but here you are. So, will you keep the drapes or give the Oval Office a complete makeover?
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