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The Constitution Prohibits Trump From Ever Being President Again
(www.theatlantic.com)
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this post was submitted on 20 Aug 2023
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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.
That article won't load for me, but I assume they've been convinced. While I believe it's obvious he's guilty, this would set a very dangerous precedent. We can't start treating people like they're guilty before a verdict. Although the wealthy seem to get the benefit of the doubt fat more effectively after charges are filed, but that's a whole nother debate.
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.
He's already been defeated soundly at the voting booth. That's why there was an insurrection.
We really should be moving to consequences part of the constitution instead giving Trump yet another chance to steal power.
Why have a law about it if you never intend to use said law?
This is just an acknowledgement that voting is maybe our most sacred right and even a very liberal court is going to be extremely reluctant to rule that the majority of the country can't vote for who they want. My (layman's) understanding is that there is enough room to argue that any court would just leave it to the voters.
Frankly, I don't care because the whole republican party is an existential threat to the nation so it's not like I'll breathe a sigh of relief if it's DeSantis instead.
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.