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Prominent conservative legal scholars are increasingly raising a constitutional argument that 2024 Republican candidate Donald Trump should be barred from the presidency because of his actions to overturn the previous presidential election result.

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[-] Dagwood222@lemm.ee 7 points 1 year ago

His people will still vote for him, even if he's legally barred from the job.

[-] autotldr@lemmings.world 7 points 1 year ago

This is the best summary I could come up with:


Prominent conservative legal scholars are increasingly raising a constitutional argument that 2024 Republican candidate Donald Trump should be barred from the presidency because of his actions to overturn the previous presidential election result.

The latest salvo came Saturday in The Atlantic magazine, from liberal law professor Laurence Tribe and J. Michael Luttig, the former federal appellate judge and a prominent conservative who’s become a strong critic of Trump’s actions after the election.

They and others base their arguments on a reading of part of the 14th Amendment, a post-Civil War provision that excludes from future office anyone who, previously, as a sworn-in public official, “engaged in insurrection or rebellion … or [had] given aid or comfort to the enemies” of the government.

The law professors argued current and former officeholders who took part in supporting or planning the efforts to overturn the election for Trump should also be “stringently scrutinized” under the Constitution should they seek bids for future public office.

The pair also looked at the historical intentions of this section of the 14th Amendment, which barred Confederates after the Civil War from holding office again, because if they were to be allowed, the US would never be able to engage in “effective ‘reconstruction’ of the political order” and newly freed formerly enslaved people wouldn’t be properly protected.

Previously, advocacy groups contested the ability of Republican members of Congress Marjorie Taylor Green and Madison Cawthorn to be ballot candidates in 2022 because of the 14th Amendment and their vocal support of the Capitol rioters.


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[-] RobertOwnageJunior@lemmy.world 5 points 1 year ago

You don't say, you geniuses?!

[-] lily33@lemm.ee 4 points 1 year ago* (last edited 1 year ago)

As much as I hate Trump - wouldn't he need to be convicted for trying to overturn the election before he loses any civil rights over that?

[-] NABDad@lemmy.world 7 points 1 year ago

I think the point they are making is that the Constitution doesn't specify that a conviction is necessary.

It doesn't say it isn't necessary either.

[-] lily33@lemm.ee 4 points 1 year ago

Maybe it doesn't have to be a criminal conviction - but there must be some process to review the evidence, and establish that the attempt happened.

[-] NABDad@lemmy.world 4 points 1 year ago

Unfortunately, the Constitution doesn't specify, which means it would have to be decided by the courts.

I suppose Congress could create a process. Well, maybe not this Congress. A Congress.

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[-] MossBear@lemmy.world 2 points 1 year ago

Now I'm not a fancy, big-city lawyer...but I believe Trump is an ass, a fool and a criminal.

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[-] IGameShit@lemmy.world 2 points 1 year ago

I don't think the people that voted for a demented husk should be speaking on a matter as hot as this. We are in the worst state we've been in in decades and everyone chooses to ignore that fact and continue to target what I see as a scapegoat. To pull the attention off the matters currently being conducted right in front of us. But no one bats an eye. It's always "orange man bad" when it's most convenient for the people in charge of everything, especially with the primarys coming up. Extremely convenient to be doing all of this right before.

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this post was submitted on 19 Aug 2023
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