Kerry barred from presidency by Constitution? No, but . . .

For those who are interested, there is a fascinating analysis at The Volokh Conspiracy on whether section 3 of the Fourteenth Amendment constitutionally bars John Kerry from becoming president. That section states:

"No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability."

The anti-Kerry argument is that, while a member of the military (and therefore an "officer of the United States") he gave aid and comfort to the enemy by meeting with North Vietnamese delegations in Paris in 1971 while the United States was still engaged in hostilities with North Vietnam, or by his war protests, strengthened the resolve of the enemy.

I have great respect for Professor Volokh, who concludes that this section does not bar Kerry from the presidency. The analysis seems sound, but it is interesting reading if you are into arcane legal matters!