Two law professors active in the Federalist Society wrote that the original meaning of the 14th Amendment makes Donald Trump ineligible to hold government office.
“Donald Trump cannot be president — cannot run for president, cannot become president, cannot hold office — unless two-thirds of Congress decides to grant him amnesty for his conduct on Jan. 6.”
William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas, two legal scholars of the conservative leaning Federalist Society, have concluded that Trumps involvement in the January 6th attempt to overturn the 2020 election should disqualify him from holding any office in the United States via the 14th amendment.
Section 3 of the 14th amendment prohibits anyone who has previously taken an oath of office (Senators, Representatives, and other public officials) from holding public office if they have "engaged in insurrection or rebellion" against the United States. As far as William and Michael are concerned, there doesn't need to be a new ruling or lawsuit or anything to uphold the 14th amendment. It's simply currently in force and should prevent Trump from holding office again. What does this mean in real terms? Is this a sign that more establishment Republicans will distance themselves from the current primary front-runner for the Republican nomination? What are your thoughts?
Is this a sign that more establishment Republicans will distance themselves from the current primary front-runner for the Republican nomination?
If history is any indicator, probably not. Outside of McCain and Romney, the most influential republicans have avoided offending Trump becuase they fear the influence he has over his base. McCain is dead, and Romney is looking pretty lonely. The rest of the republicans would only do it if they could somehow blame it on the democrats.
I wonder, if he is found guilty at the January 6th Trial, would that mean he is automatically disqualified? All of this is so unprecedented, I have no idea. If he were to be automatically disqualified, then his base would surley have more than just a small temper tantrum.
If Trump gets convicted and wins the Republican nomination, on the one hand, that's a terrible affront to democracy and there is something wrong with our election system and the electorate. On the other hand, that should be an easy dub for the Democrats, so I'm all for it.
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