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.
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.
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?
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.
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.
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.
I think you could do it with a civil suit filed in the appropriate jurisdiction. But IANAL, so that’s just a guess. It seems like that’s what they did with the guy in New Mexico.
They argue that it doesn’t remove anyone’s rights, it’s a constitutionally mandated eligibility requirement, no different from needing to be over 35 or US born