Eugene V. Debs, a socialist and popular presidential candidate, made history by running for president from prison and garnering nearly a million votes in 1920. As current legal investigations into Donald Trump raise the possibility of a leading presidential contender facing imprisonment, parallels are drawn between Trump and Debs.
While there are no legal barriers preventing a convicted felon or a person in prison from running for president, the question of what would happen if an incarcerated candidate actually wins remains unanswered.
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Debs, who received the Socialist Party nomination while serving a 10-year federal sentence for anti-war activism during World War I, used his imprisonment as a rallying cry for his campaign. Similarly, Trump has been known to portray his legal challenges as political persecution. The comparison between the two figures, although differing in ideologies, showcases the power of using legal woes to energize supporters and mobilize public sentiment.
The constitutional implications of a president-elect being in prison are complex. Legal experts suggest that the need for a duly elected president to fulfill their duties would likely result in their sentence being put on hold, at least temporarily. Additionally, a president convicted of a federal crime could potentially pardon themselves upon assuming office, creating a potential constitutional crisis.
Debs’ case raises the question of whether a person can run for president or be elected while convicted of a crime or incarcerated. The answer appears to be yes, as the Constitution outlines minimal requirements for presidential eligibility, such as age and citizenship. However, states have the authority to exclude felons from state and local ballots.
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While Debs remains the most successful candidate to run for president from prison, other colorful characters, such as conspiracy theorist Lyndon LaRouche and Joe Exotic of “Tiger King” fame, have also pursued presidential bids while incarcerated.
As Trump’s legal challenges unfold, the possibility of a presidential candidate facing imprisonment sparks both curiosity and concerns regarding the potential constitutional and political ramifications such a situation would entail.