Some legal professors and activists may be pushing the increasingly persuasive constitutional argument that preventing former President Donald Trump from running for president would violate the 14th Amendment.
According to the article from POLITICO, However, it turns out that the issue of former President Donald Trump has been under discussion among election officials for months.
Colorado Secretary of State Jena Griswold stated in an interview that “we have been thinking about this in my office for quite some time, before the start of the year, assuming that this will play out.”
Griswold mentioned that “there have been conversations among secretaries” about it to emphasize how seriously she has been handling the subject about former President Donald Trump.
According to the legal theory, former President Donald Trump is ineligible to serve as president because of the 14th Amendment’s “insurrection clause,” which states that anyone who “engaged in insurrection or rebellion” after swearing to uphold the Constitution is ineligible to hold public office.
There is a great deal of confusion surrounding who even has the authority to decide if former President Donald Trump should be kept off the ballot because the hypothesis hasn’t been tested much in recent years.
According to The New York Times, The academics, William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas, spent more than a year researching the issue and will publish their extensive results in a lengthy essay in The University of Pennsylvania Law Review the following year about the issue of former President Donald Trump.
He summed up the article’s conclusion by saying: “Unless two-thirds of Congress decide to pardon him for his behavior on Jan. 6, former President Donald Trump cannot be president — former President Donald Trump cannot run for president, former President Donald Trump cannot be elected president, and former President Donald Trump cannot hold office.”
Of course, a law review paper won’t change the fact that former President Donald Trump is the current front-runner for the Republican nomination and that voters can still decide whether his actions were justified. However, the breadth and depth of the clause might attract and support litigation from rival candidates and regular voters who claim that the Constitution disqualifies former President Donald Trump from holding office.