Michael Stern: “Professor Seth Barrett Tillman emails to remind us (among others, see Election Law Blog and the Originalism Blog) of his theory that the President and Vice-President do not hold “offices under the United States” within the meaning of the Incompatibility Clause, and thus that there is no constitutional prohibition on being President/Vice-President and a Member of Congress at the same time. Just as he argued in 2008 that then-Senators Obama and Biden could remain in the Senate while assuming the presidency and vice-presidency respectively, he believes that Representative Paul Ryan could keep his seat in the House even if he becomes Vice-President. I have three observations on the subject.”