this post was submitted on 18 Nov 2023
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[–] QuaternionsRock@lemmy.world -2 points 1 year ago

Were they supposed to go and list every single position in the executive department within the text of the amendment?

That’s not what I’m saying.

The question I would be asking is, “Why were Senators and Representatives mentioned explicitly?”, to which my answer would probably be that the drafters didn’t consider the Senate or House to be ‘civil or military offices’. Otherwise, why bother? This is an Amendment to the Constitution ffs, there shouldn’t be a single superfluous word in it. My next question would then be, “If the drafters didn’t consider the Senate or House to be ‘civil or military offices’, would they have considered the Presidency to be one?”, to which my answer would probably be ‘no’ despite very much wanting it to be ‘yes’.

My third question would be, “Did they just forget or something?”, and my answer would be, “Gee I sure hope so. Better assume they did.”, which is why I’m not a judge.