Constitutional law may bar Meghan from presidency
Obscure amendment could be revived to stop the Duchess of Sussex running for high office
THE Duchess of Sussex could only be stopped from running for US president under her royal title by a 211-year-old constitutional amendment proposed to stop Napoleon’s nephew from ever seeking power, experts have said.
The little-known amendment could technically be revived to halt any serious attempt from the Duchess to run for high office. Although she has never publicly expressed a wish to become president since marrying into the Royal family, she has been politically active, cold-calling US politicians to lobby for paid parental leave and has campaigned to encourage Americans to vote.
Her biographers believe it is “possible... even likely” that she will one day run for office, with one noting she is the “embodiment of the American Dream”.
Royal-watchers and critics have argued her continued use of her title is inappropriate when it comes to political or business matters, which have seen her introduce herself as “Meghan, Duchess of Sussex”. Her allies have always insisted it is simply her legal name, having changed it from Meghan Markle when she married, leaving her with no option but to use it.
Constitutional experts said there was no technical reason why the Duchess could not run under her title, despite the lack of precedent.
They pointed to an 1810 tweak to the constitution called the Titles of Nobility Amendment. It stated that anyone who “accepts, claims, receives or retains a title of nobility bestowed by a foreign power” would be barred from holding federal office.
The amendment was sent out to the individual state legislatures, and three quarters needed to vote in favour for it to become law. While 12 did, the required number at that time was 14, and the amendment never passed. But it was never thrown out either, and has remained on the table for more than two centuries.
It followed a period of nervousness in America, which was surrounded by foreign superpowers: Canada was occupied by Britain, Florida by Spain and Louisiana by France.
Napoleon Bonaparte’s younger brother Jérôme had married American socialite Elizabeth “Betsy” Patterson and there was fevered tabloid speculation that their son Jerome might run for office and that the US would be subsumed into the French empire.
The Sunday Telegraph has learnt from constitutional experts that were the amendment to be revived, the 12 votes in favour are likely to still count, meaning that 26 states outside those which have voted already would be the new threshold for the amendment to pass.
John Kowal, co-author of a history of constitutional amendments in The People’s Constitution, said: “I’m not aware of any precedent, where someone who is publicly known and publicly uses a noble title from another country has run for political office. I think it would be very controversial.”
Tom Bower, who is working on an unauthorised biography of the Duchess, told Closer magazine: “The prospect of Meghan running for president is possible and I’d even say likely.”
Omid Scobie, co-author of the book Finding Freedom, the biography which the Duchess did cooperate with, said: “Meghan is the embodiment of the American Dream. One day we may see Meghan become president.” Last year, one unnamed friend told Vanity Fair that “one reason she was so keen not to give up her US citizenship was so she had the option to go into politics”. The Duchess “would seriously consider running for president”, they added.