‘The Presidential oath, which the framers of the Fourteenth Amendment surely knew, requires the President to swear to ‘preserve, protect and defend’ the Constitution — not to ‘support’ the Constitution,’ read a filing from the former president’s attorneys
There is a record of the Senate debate on this amendment.
One questioned ‘Why doesn’t this include the president?’.
Another senator replied ‘It does under the section of anyone who holds an office’.
The response was ‘Ok, I was unclear on that’. And the debate carried on.
So the writers obviously intended this to include the office of the president.
If only things like this mattered in this reality.
Actually, it really might in this case.
A number of the justices currently sitting on the supreme court are (or claim to be) originalists.
Meaning, the original intent of the writers is the correct interpretation. Evidence showing what that original intent was can be very useful with judges like that.
They are opportunists who clung to the the idea of “originalism” when it served them. A much more modern take is they are a religious insurgency trying to legislate morality from the bench.
Does that “strict originalist” view extend to the “well regulated militia” part of the 2nd ammendment?
Certainly doesn’t apply to the “secure in their home and persons” part when it comes to limiting police.
Yes, it does.
The way the amendment reads is that the people must be armed in order to form militias to ensure the states stay free; it does not tie the requirement of arms to a militia.
This is backed up by many statements by the founding fathers who state one of the core components to keeping America free from a tyrannical government is an armed citizenship willing to act, compared to Europe, where the citizenship is disarmed.
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https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3748639
Download the paper, read pages 10 and 11 for context.