Yesterday, the U.S. Supreme Court heard Former President Donald J. Trump has challenged the state’s decision to exclude it from the 2024 presidential primary.
In December, the Colorado Supreme Court declared Trump president, concluding that his actions surrounding the Jan. 6, 2021, attack on the U.S. Capitol constituted insurrection. unsuitable to hold a public office Section 3 of the 14th Amendment. A few days later, Maine’s Secretary of State also cited Section 3. exclude Trump from the ballot. Similar disqualification measures are underway in Japan as well. some other states.
The debate will include whether the state’s finding that President Trump engaged in incitement of insurrection qualifies for due process, whether disqualification for insurrection requires a conviction, and whether the president is truly “president.” is focused on.US official” and whether disqualification under the Fourteenth Amendment requires coercive action by Congress.
Trump’s lawyers said allowing state officials to exclude presidential candidates from major political parties from voting would “disenfranchise tens of millions of Americans” and “cause chaos and condemnation.” claims.
Rather than revisiting former Confederate cases, guessing public reaction, or digging up the words of Antonin Scalia, an assessment of President Trump’s eligibility goes beyond the 14th Amendment to the Constitution. The importance of this being the first to mention disqualification should be recognized.It can be found at First articlein the context of impeachment:
“The sentence in cases of impeachment shall not exceed disqualification from holding and enjoying any office of honor, trust, or gain under the United States, and disqualification from office.”
The 2021 Congress took up the very issues of insurrection and entitlement currently arising from the states. One week after January 6th, a majority of the House of Representatives voted for impeachment President Trump charged with inciting insurrection. By the time the trial was held in the Senate in February of that year, Trump was no longer president. The only sanction in case of conviction was future disqualification.senator The vote was 57-43. Trump’s conviction fell 10 points short of the two-thirds threshold needed for conviction.
The Senate’s acquittal of Trump is a consequential exercise of its constitutional power to override recent decisions of state officials, whether we agree or disagree.Measures taken based on constitution “The supreme law of this land shall be the supreme law of the land; and the judges of every state shall be bound thereto notwithstanding any provision of the constitution or laws of any state.” This justifies the recent order of the Supreme Court authorizing: cut wire fence It was set up along the Rio Grande by the Texas National Guard.
Therefore, the U.S. Supreme Court should conclude that the Senate’s acquittal of incitement of insurrection and Trump’s refusal to disqualify him preempts state action in these areas. Conflicting decisions by the Colorado Supreme Court and the Maine Secretary of State that excluded Trump from the vote must be overturned.
Despite the Senate’s acquittal, Mr. Trump remains subject to federal and state indictment, trial, prosecution, and punishment for inciting insurrection and other crimes and civil actions. Just as the Constitution requires the U.S. Supreme Court to overturn state rulings that disqualify President Trump, it also requires federal courts to reject President Trump’s broader claims of presidential immunity. I’m looking for it.
“President Trump, as a private citizen, remains responsible for everything he did while in office.” said Sen. Mitch McConnell (R-Ky.) justified his vote to acquit Trump in his second impeachment trial. “We have a criminal justice system in this country. We have civil cases. And former presidents are not immune from either.”
Congress retains the constitutional power to review previous decisions and remove Trump from the 2024 ballot. Regardless of the outcome of Trump’s numerous civil and criminal trials, the House could move to impeach him again. If two-thirds of the Senate votes to convict, President Trump will again be subject to Article I disqualification.
Alternatively, under the 14th Amendment, the House and Senate could use normal legislative procedures to pass a resolution finding Trump involved in the insurrection and declaring him unfit to hold public office. can. Given the current Republican and Democratic majorities in the House; 51-49 majority In the Senate, further legislative action appears remote.
For now, the Senate’s action in February 2021 to acquit Trump on charges of inciting insurrection serves as a constitutionally authoritative resolution for disqualification. Trump remains a qualified candidate, and his early caucus and primary results suggest he will be the Republican presidential nominee in the general election.
Preventing Trump from returning to the White House will not be achieved by disqualifying the judiciary or Congress. Under our Constitution, this requires action by the people this November.
Frank J. Colucci is an associate professor of political science at Purdue University Northwest and author of Justice Kennedy’s Jurisprudence: The Full and Necessary Meaning of Liberty.
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