However, the majority view, then and now, is that Section 2071 can bar a convicted defendant from holding appointed federal office, but it cannot bar a convicted defendant from running for or holding any elected federal positions. This interpretation follows from the Supreme Court’s decision in Powell v. McCormack (1969), which held that the Constitution’s express textual qualifications (for instance, age, residence, and citizenship) for elected federal positions (that is, members of Congress) are exclusive, and those qualifications cannot be expanded by Congress. In U.S. Term Limits, Inc. v. Thornton (1995), the Supreme Court extended the scope of the Powell principle: States are also precluded from expanding the Constitution’s express textual qualifications for elected federal positions.
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However, the majority view, then and now, is that Section 2071 can bar a convicted defendant from holding appointed federal office, but it cannot bar a convicted defendant from running for or holding any elected federal positions. This interpretation follows from the Supreme Court’s decision in Powell v. McCormack (1969), which held that the Constitution’s express textual qualifications (for instance, age, residence, and citizenship) for elected federal positions (that is, members of Congress) are exclusive, and those qualifications cannot be expanded by Congress. In U.S. Term Limits, Inc. v. Thornton (1995), the Supreme Court extended the scope of the Powell principle: States are also precluded from expanding the Constitution’s express textual qualifications for elected federal positions.
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