Malcolm Rivera
The requirements to become President of the United States are outlined in Article II, Section 1, Clause 5 of the U.S. Constitution. To be eligible, a person must be a natural-born citizen of the United States, at least 35 years old, and have lived in the country for at least 14 years. The age requirement was put in place to ensure that the president has the necessary maturity and wisdom to hold the office and promote national interests. The natural-born citizen requirement was likely intended to ensure the president's loyalties would lie strictly with the United States.
| Characteristics | Values |
|---|---|
| Citizenship | Natural-born citizen or a citizen at the time of the adoption of the Constitution |
| Age | At least 35 years old |
| Residency | Resident of the United States for at least 14 years |
| Oath of Office | "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States." |
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What You'll Learn
Age requirement
The US Constitution sets out three requirements for presidential candidates, one of which is that they must be at least 35 years old. This age requirement is set forth in Article II, Section 1, Clause 5, also known as the Qualifications Clause.
The Framers of the Constitution included this age requirement to ensure that the president would have the "necessary maturity for the position", as well as sufficient time in a public role for the electorate to assess their merits as a candidate. In The Federalist No. 64, John Jay wrote that the age requirement limits presidential candidates to "those who are best able to promote [national interests], and whose reputation for integrity inspires and merits confidence".
In his Commentaries on the Constitution of the United States, Justice Joseph Story supported the age requirement, stating that, considering the nature of the duties, the extent of the information, and the "solid wisdom and experience" required of the president, "no one can reasonably doubt the propriety of some qualification of age".
The Constitution also sets age requirements for other civil officers. For example, Senators must be at least 30 years old, and members of the House of Representatives must be at least 25.
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Citizenship
The U.S. Constitution sets out three basic requirements for presidential candidates, which are detailed in Article II, Section 1, Clause 5. One of these requirements is that the candidate must be a "natural-born citizen" of the United States.
The Constitution does not define the term "natural-born citizen", but legal scholars have offered interpretations. It is generally understood to mean a person who was a U.S. citizen at birth, and who did not have to go through the naturalization process. This interpretation is supported by the First Congress's passing of the Naturalization Act of 1790, which stated that anyone born to American citizens outside the United States was a "natural-born citizen". This is similar to the rule for citizenship in British law.
The requirement that the president be a natural-born citizen was likely adopted to ensure that their loyalties would lie strictly with the United States, and to protect the country from "ambitious foreigners".
There has been some debate over the eligibility of those born outside of the United States to become president. Several presidential candidates were born outside of the country, including Arizona Senator John McCain (born in the Panama Canal Zone), Governor George Romney of Michigan (born in Mexico), and Senator Barry Goldwater of Arizona (born before Arizona became a state). These candidates would likely have met the requirement if they had won their elections. However, the Supreme Court has never issued a final ruling on the issue, and there is no guarantee that someone born outside the United States would be eligible.
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Residency
The residency requirement for the US presidency is outlined in Article II, Section 1, Clause 5 of the US Constitution, also known as the Qualifications Clause. This clause stipulates that to be eligible for the office of President, an individual must be a natural-born citizen, at least thirty-five years of age, and a resident of the United States for at least fourteen years.
The residency requirement, often referred to as the fourteen-year rule, is designed to ensure that the President has a strong connection to the country and its people. This requirement is not limited to consecutive years of residency, but rather signifies a permanent domicile in the United States. This interpretation is supported by Justice Joseph Story, who explained that the rule was intended to give the American people a full opportunity to know the candidate.
The exact wording of the residency requirement in the Constitution is "been fourteen Years a Resident within the United States." This requirement was first proposed by the Committee of Eleven, formed during the Constitutional Convention of 1787, and was agreed upon on September 7 of that year. The inclusion of this requirement in the Constitution reflects the Framers' intention to ensure that the President has extensive knowledge of and attachment to the country.
While the specific reasoning behind the choice of fourteen years is not explicitly stated in the Constitution, it is believed to be rooted in the idea of ensuring the President has a strong understanding of the nation and its interests. This interpretation aligns with Justice Story's commentary on the age requirement, suggesting that the residency rule similarly aimed to guarantee the President's maturity, wisdom, and experience.
The residency requirement has been a topic of discussion and interpretation over the years, with scholars and legal experts providing insights into its meaning and intent. The requirement has also been considered in the context of candidates born outside of the United States to American citizens, with some interpretations suggesting that these individuals would meet the residency requirement due to their citizenship status at birth.
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Oath of office
The requirements to become the President of the United States are outlined in the U.S. Constitution, which states that the president must be a natural-born citizen, at least thirty-five years old, and a resident of the United States for at least fourteen years.
In addition to these requirements, a president-elect must swear an oath of office before they can assume their duties. This is stated in Article II, Section I, Clause 8 of the Constitution:
> "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."
The above oath is sworn by the president-elect during their inauguration, which traditionally takes place at noon on January 20th following the election. If January 20th falls on a Sunday, the president will be sworn in privately on that day and will then retake the oath during a public ceremony on the following day, January 21st.
The Constitution does not specify what the swearing-in ceremony must include, and presidents have traditionally taken the oath in different ways. While most have chosen to swear on a Bible, John Quincy Adams used a book of law, and Teddy Roosevelt did not use any book. The president-elect is usually sworn in by the Chief Justice of the U.S. Supreme Court, but this is not always the case. For example, Lyndon Johnson was sworn in by Sarah T. Hughes, a U.S. District Judge in Texas, after the death of John F. Kennedy.
The oath of office for the vice president is administered immediately before that of the president. The vice president's oath is as follows:
> "I do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same: that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter."
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Commander-in-Chief
The President of the United States is the Commander-in-Chief of the country's Army, Navy, and militia of the several states. This means that the President has the power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.
The Constitution of the United States outlines the requirements that every person must meet to become President. These requirements are: being a natural-born citizen of the United States, being at least 35 years old, and having lived in the United States for at least 14 years.
The term "natural-born citizen" is not defined in the Constitution. However, legal scholars interpret it to mean a person who was a US citizen at birth and did not undergo the naturalization process. This interpretation is supported by the First Congress's Naturalization Act of 1790, which stated that anyone born to American citizens outside the US was considered a "natural-born citizen."
In addition to the constitutional requirements, the President-elect must swear an oath of office before assuming the presidency. This oath includes a pledge to "faithfully execute the Office of President of the United States" and to "preserve, protect, and defend the Constitution of the United States."
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Frequently asked questions
The US Constitution requires presidential candidates to be natural-born citizens, at least 35 years old, and to have lived in the US for at least 14 years.
The age requirement ensures that the president has the necessary maturity and wisdom for the position, as well as sufficient time in a public role for the electorate to assess their merits.
The Constitution does not define "natural-born citizen," but scholars suggest it refers to someone who was a US citizen at birth and did not undergo naturalization.
Yes, the president-elect must swear an oath of office before assuming the presidency, affirming that they will faithfully execute the office and defend the Constitution.
If an ineligible person is elected, they may be found unfit to serve and removed from office under the Twenty-Fifth Amendment.
