Is Trump an “Officer of the United States?”
Colorado has tried to remove Trump from state ballots under the argument that the 14th Amendment disqualifies “officers of the United States” who participate in insurrections. Trump’s lawyers are trying to convince the Supreme Court that the president is not an “officer of the United States.”
Americans from the very beginning recognized that presidents in a regime in which the people were sovereign were officers of the United States.
Article II gives the President the power to appoint “Officers of the United States” with the advice and consent of the Senate. The President doesn’t nominate himself.
The Constitution uses various terms to refer to government officers or offices. The conventional view is that they all share the same meaning. But by his account, each is distinct — and that, crucially for the case before the court, the particular phrase “officer of the United States” refers only to appointed positions, not the presidency.