Eugene Volokh
does his usually masterful job determining whether Article 3 of the 14th Amendmet could bar John Forbes Kerry from becoming president. The relevent part of the 14th Amendment says:
No person shall ... hold any office ... under the United States ... who, having previously taken an oath, as ... an officer of the United States, ... 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.
Professor Volokh concludes:
If Kerry's purpose was not to help the North Vietnamese, but to help the United
States or to help maintain U.S. compliance with its own laws and policies
related to military conduct, then he's not covered. And I have no reason to
think that Kerry's purpose was indeed anything other than to help the United
States, whether or not his actions in pursuit of that purpose may have been
misguided or excessive.
That may settle the issue of how a court is likely to decide an Article 3 suit brought against Kerry (and if he wins, one will surely be brought since I think any "US person" would have standing) but it does leave undiscussed the other issues involving the oath Kerry took when he became an Officer of the United States.
Kerry's service oath can be seen on
this page from his service record. I've clipped the relevent potion
here.
He took the traditional oath which reads:
I, John Forbes Kerry, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies forign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice.