Judgment / June 13, 2026 / 8 min read
The Unwritten Rules
Let me state the principle plainly from the start. The Constitution sets precisely three qualifications for the President of the United States, and every...
Let me state the principle plainly from the start. The Constitution sets precisely three qualifications for the President of the United States, and every extra barrier invented since is an affront to the Founders' design and a threat to liberty. Go read Article II, Section 1, Clause 5. It is not long. No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States. That is it. Three boxes. Check them, and you are constitutionally qualified to sit in the Oval Office.
Now ask yourself when was the last time the national conversation treated that as sufficient.
What the Founders Did Not Require
The Founders deliberately avoided property qualifications. They deliberately avoided educational requirements. They deliberately avoided religious tests. They deliberately avoided any requirement of prior government experience. They had just fought a war against a king who inherited power, and against a Parliament that claimed expertise the colonists never granted them. The last thing they wanted was to create a new aristocracy of credentialism. James Madison in Federalist No. 57 makes the point explicitly. The House of Representatives, the chamber closest to the people, requires nothing but age, citizenship, and residency. The Founders understood that the people are the best judges of their own rulers. They trusted the wisdom of the electorate to sort out who was actually qualified, not some central committee of experts deciding who gets to run.
Thomas Sowell would recognize this immediately. The constrained vision of human nature says that no elite planner can know better than a free people what they need in a leader. Milton Friedman would add that free choice in the political marketplace, just like in economic markets, produces better results than centralized gatekeeping. And Hayek would remind us of the knowledge problem. No committee, no party establishment, no media consortium can aggregate the dispersed knowledge of millions of voters about what kind of person will make a good president. Let them decide.
Think about the historical context. The Articles of Confederation had failed precisely because they created a weak central authority that could not enforce laws or conduct foreign policy. The Constitution was designed to create a strong enough executive to lead, but not so strong as to dominate. The presidency was supposed to be accessible to any citizen of sufficient age and residence, not to a permanent ruling class. George Washington himself was a farmer and soldier, not a career politician. He served and returned to Mount Vernon. That was the model.
The Extra-Constitutional Gauntlet
Yet today the unwritten qualifications are more onerous than the written ones. The modern presidency comes with an invisible job description that would have baffled the Founders. Must have held previous elected office, preferably governor or senator. Must have an Ivy League or equivalent elite education. Must pass ideological litmus tests from both party establishments. Must have a governing resume with no outsiders need apply. Must be vetted by the national security state for security clearances and handling of classified information. Must demonstrate temperament as defined by the chattering class. Must show fealty to the administrative states unaccountable bureaucracy.
Notice something. None of these are in the Constitution. Not one. And yet these are the barriers that gatekeepers use to disqualify candidates. They worked for generations. Until 2016, when a political outsider who had never held office, never served in the military, and never passed a committees smell test won anyway. The establishments reaction was instructive. Panic, outrage, and a two year resistance that tried to overturn the election through legal and bureaucratic means. Why because the administrative state cannot tolerate a president who does not owe his position to its approval. The deep state, the party apparatus, the media, they all benefit from a system where only qualified people as they define it gain access. An outsider threatens the entire arrangement.
Let me give you a concrete example. When President Trump was elected, the intelligence community immediately began leaking classified information to undermine him. The Steele dossier, funded by the opposition campaign, was treated as credible by the FBI because it fit the narrative that an outsider could not possibly be legitimate. Career bureaucrats openly discussed a soft coup and resistance strategies. Why because Trump had not passed their test. He had not been properly vetted by the permanent Washington establishment. Compare that to the treatment of any Ivy League educated Senate approved candidate. They get deference. They get the benefit of the doubt. They get security briefings without the leaks. The system rewards insiders and punishes outsiders, even though the Constitution says nothing about insider status.
The Constitutional Crisis No One Talks About
Here is the angle that is almost never discussed. The administrative state has effectively amended the Constitution by practice, requiring qualifications that the Founders deliberately excluded. This is not a minor point. This is a constitutional crisis. When a candidate can be qualified on paper under Article II but is deemed unqualified by the media, the intelligence community, or the party bosses, we have moved from a republic of laws to a regime of men. The rule of law says the Constitutions three qualifications are sufficient. The rule of men says we know better.
Consider this. The Constitution explicitly bars religious tests in Article VI. Yet today we have an implicit ideological test that is every bit as rigid. You must believe in the current progressive orthodoxy on climate, identity, and governments role, or you are unfit. That is a de facto religious test, and it is unconstitutional. Consider this. The Constitution never requires prior government service. Yet the Washington establishment treats a non politician the way a medieval guild treated an unlicensed apprentice. He does not know how things work, they whisper. Good. That is the point. The Founders wanted citizen presidents, not career politicians.
Consider this. The Constitution never requires a security clearance or access to classified information as a prerequisite for office. Yet the modern assumption is that a candidate must be read in to the nations secrets before being considered viable. This creates a dangerous feedback loop. The intelligence community gets to decide who is trustworthy enough to know what they know, and then uses that knowledge to shape the election. It is a recipe for a permanent intelligence aristocracy.
What Hayek Would Say
Hayeks great insight was that central planners cannot gather the knowledge they need to run a society from the top down. The same principle applies to selecting leaders. No committee, no filter, no credentialing body can know what the American people need in a president better than the American people themselves. When we allow the administrative state to impose extra constitutional qualifications, we are essentially centralizing the selection process. We are saying you, the voter, are not competent to judge. You need us, the experts, the insiders, the media, to tell you who is worthy. That is not democracy. That is not a republic. That is oligarchy by credential.
Hayek also warned about the fatal conceit that a few experts can design society better than spontaneous evolution. The Founders embodied that spontaneous order in the Constitution. They created a framework and trusted that free people would make good choices within it. The extra constitutional qualifications are the fatal conceit applied to presidential selection. We know better than you who should lead, the establishment says. Trust us, not your own judgment.
Milton Friedman would add that the market test, the election, is the only legitimate qualification. Let every candidate run. Let the people decide. If an outsider wins, then the outsider was qualified by the only standard that matters, the consent of the governed. If a career politician wins, fine. But do not pre filter the options to eliminate those who threaten the status quo.
The Forgotten Virtue of the Outsider
Calvin Coolidge, our most underrated limited government president, had never been a governor or senator before becoming president. He was Vice President when Harding died. But he had governed as a state executive in Massachusetts and as a local official. He was not an outsider in the radical sense. But his philosophy was that the government of the United States is a device for maintaining in security and peace the rights of the people. He did not see himself as a manager of a vast administrative apparatus. He saw his job as getting out of the way.
The Founders wanted citizen presidents, people who would serve and then return to private life. They feared the professional politician who would accumulate power and expand government for its own sake. They feared the expert who would dismiss the common mans judgment. Today we have the worst of both worlds. An elite that demands ever higher credentials while simultaneously proving that those credentials produce nothing but failed policies, ballooning debt, and endless war.
Look at the record. The last four presidents before Trump, Clinton, Bush, Obama, and the elder Bush, all had extensive prior government experience. They all had Ivy League educations. They all passed every establishment test. And what did we get. A doubling of the national debt. Wars in Iraq, Afghanistan, Libya, Syria. The rise of the surveillance state. The growth of the administrative state to unprecedented size. The erosion of civil liberties. The credentialism did not produce better results. It produced a ruling class that insulated itself from accountability.
Thomas Sowell has spent decades documenting the gap between intentions and results. The intention of the credentialing system was to ensure competent leaders. The result has been the opposite. Leaders who are competent at maintaining the system but incompetent at actually governing in the public interest.
Restoring the Original Qualification
The solution is not complicated. It is constitutional. It is simple. The only qualifications for the presidency are the three in Article II. Any additional barrier, whether imposed by law, by party rule, by media consensus, or by bureaucratic practice, is illegitimate. We should judge candidates on their ideas, their character, and their demonstrated philosophy, not on whether they passed the right security clearances, attended the right schools, or spent thirty years climbing the greasy pole of Washington.
The Founders trusted the people. The administrative state does not. That single difference explains most of what is wrong with American governance today. We need to return to the original understanding. The presidency belongs to any natural born citizen who is thirty five years old and has lived in the country for fourteen years. Period. The rest is up to the voters.
The next time someone tells you that Candidate X is not qualified to be president, ask them by whose standard. The Constitutions, or the establishments. Because the Constitutions answer is clear. And it gives the last word to you. Not to the experts. Not to the party bosses. Not to the bureaucracy. To you.