The Constitution Prohibits Trump From Ever Being President Again
The Constitution Prohibits Trump From Ever Being President Again
The only question is whether American citizens today can uphold that commitment.
I don't want him to be president again and I don't think he will be, but this just isn't the case, and you're not going to get a favorable SCOTUS decision on it. It's an interesting idea to write a law school paper about, not a real legal theory.
Except that it's already been used to keep Jan 6ers off the ballot.
It's got teeth. How much? I dunno. But Trump doesn't necessarily need to be disqualified for the party to step in and nominate someone else.
I think a lot of Republicans would welcome the excuse.
Yep, unfortunately the only thing that matters is the current SCOTUS interpretation of the Constitution.
At the end of the day, most Supreme Courts would be extremely reluctant to disqualify someone and would prefer to leave it to the voters. I think even an extremely liberal court would rule the same unless they were just being nakedly political the way the conservative Justices seem to.
Trump needs to be defeated soundly at the voting booth. There won't be any easy resolutions where he and his fanatics just quietly disappear.
It isnt a theory. Steve Calabresi, one of the founders of the Federalist Society, whom we'd think should be against this interpretation, wrote an article for Reason in support of the original paper.
https://reason.com/volokh/2023/08/10/trump-is-disqualified-from-being-on-any-election-ballots/
The core of the argument is that current context is an extremely good match for the context that created the law in the first place. They seem to believe it enough to think it should be regarded as true. For some reason...
So let's consider incentives. Why would they want to avoid a court case? Is it possible they'd lose and somehow make a radical event take place in US law?
Maybe they believe it is self-preservation in some way, to avoid a historically significant court decision going against them. Or another way, maybe theyre low key trying to somehow move on.
This may be the closest thing the Republican Party ever does to waving the white flag. They never admit defeat.
Trump Supporter: "What insurrection? We were fighting for freedom and Jan 06 was a peaceful protest so the rule doesn't apply"
That same trump supporter: “January 6th was a false flag orchestrated by Antifa and George Soros.”
Watch the "party of the Constitution" completely ignore that with no consequences.
Domestic terror cult that they are.
Archive link?
edit: I had no idea you could paste a paywalled article link into archive and have it strip the paywall, nice.
Probably a "side effect" of the tactic of luring in people with the first paragraph then asking for you to subscribe. Im sure that the HTML (of the full article) is probably still there, but they're hidden or covered by the "subscribe to read" elements.