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.
If he’s guilty of insurrection he should be accused, put to trial, and if convicted it should follow that he can’t run for president anymore.
So your interpretation of the 14th amendment is that “shall have engaged in insurrection or rebellion” is the exclusive responsibility of the judicial system to determine? Maybe that’s a valid interpretation, but it’s not actually written in the text.
Ehm, yes it is. It’s the text.
Laws don’t say “a person who committed a crime, if the fact that this crime has been, in fact, committed by that person, has been decided by a judge, who has previously passed the exam necessary…”. Laws imply a few basic assumptions. One assumption is, that every decision by “the government” is in principle dependent on the judicial system.
If the IRS decides, you’re a millionaire now and taxes you accordingly, you can go to court and they will decide whether you’re actually taxable as a millionaire.
Trump may be deemed a traitor/insurrectionist by Congress/Senate/DOJ or any other body and thus barred from running, but he too can simply go to court and let it be decided - and given that the supreme court is, let’s say, rather in his favor, the result is rather obvious.
Trump will use any loophole, any slight formal error to get around this. So you have to have a really water tight case.
or given aid or comfort to the enemies thereof.
Hundreds of rioters and those directly involved with the proud boys have pleaded guilty for their role in the instruction. Many of them giving sworn testimony stating that Trump himself gave them a call to action with his words, tweets and actions.
So even if Trump himself isn’t convicted on the charges that he is facing, him giving aid and comfort to those who have already been convicted should itself bar him from public office. (in my opinion - I am not a lawyer)
If the IRS decides, you’re a millionaire now and taxes you accordingly, you can go to court and they will decide whether you’re actually taxable as a millionaire.
Funny enough, no you can’t. The courts don’t have any say in that.
There’s all kinds of government determinations that have no court remedy. Impeachment, for example, is done solely through congress.
That too, but note that it doesn’t say “convicted”. There is no requirement for conviction.
