FLASH
Shkruar nga Pamfleti
The framers of the 14th Amendment believed that the return to power of those who had attempted to overthrow the established order would lead to "the end of the nation and of the democracy...
Stop Donald Trump at all costs. The more the possibility that the 2024 US presidential election is shaping up to be a repeat of the 2020 one, the more a segment of American society, not necessarily tied to the Democratic Party, is wondering how to prevent the billionaire's candidacy. Especially in light of his legal troubles.
The perspective was opened by conservative university professors William Baude and Michael Stokes Paulsen, who in an article published in the University of Pennsylvania Law Review argued that the 14th Amendment would not allow the former president to run for the White House.
To better understand this issue, we need to take a step back. The US Constitution explicitly sets forth the requirements for a citizen to be able to run for the highest office envisioned by the stars and stripes of democracy: to be at least 35 years old, to be born on American soil, and to be resident in the country for more than 14 years. Added to these is the prohibition of a third term as president.
In theory, Trump's legal issues would not appear to be enough to disqualify him from running for federal office. However, this is where section three of the 14th amendment to the constitutional charter, enacted after the civil war, comes into play, barring anyone who has participated in an insurgency or provided "assistance" to the rebels from running for high office.
Baude and Paulsen, constitutional scholars and members of the conservative think tank Federalist Society, have studied the 14th Amendment extensively and concluded that Trump cannot run for president "unless two-thirds of Congress grants him amnesty for the behavior maintained by him on January 6".
The reference concerns the role played by the former president in the events that led to the attack on the Capitol on the day of the certification of the results of the 2020 election. In early August, special prosecutor Jack Smith received the indictment of the tycoon on charges of fraud against In the United States, obstruction of an official process of the government, conspiracy to obstruct it, and violation of the civil rights of American citizens. Two idealists noted that there were more deaths and injuries from the events of January 2021 than there were at the Battle of Fort Sumter that started the Civil War in 1861.
Meanwhile, some other legal experts have embraced Baude and Stokes' thesis. Among them, Laurence Tribe and J. Michael Luttig published an article about this issue in The Atlantic magazine. Tribe also told CNN that the framers of the 14th Amendment believed that the return to power of those who had tried to overthrow the established order would lead to "the end of the nation and of democracy." Even if that conclusion is not shared by the entire legal community, Luttig maintains that the Supreme Court may even express its opinion on Trump's eligibility before the primaries.
In recent weeks, the debate over the 14th Amendment has moved from the academic world to the political world. Tim Kaine, a Democratic senator and former vice-presidential candidate in 2016, along with Hillary Clinton, said he considered compelling the reasons that could lead to Trump's exclusion from the election campaign. The secretaries of state in Florida, Ohio, Wisconsin, New Hampshire, New Mexico, Arizona, Michigan and Colorado have already received requests from citizens and activist groups to consider disqualifying the mogul from the presidential race.
Trump called the heated debate over the 14th Amendment "nonsense" and "election meddling," repeating the point of rigged votes in a radio interview. In fact, the former president repeated that he defeated his opponents twice, but that in 2020 his opponents "cheated badly". An accusation against the Democratic Party and Joe Biden, divided by an important part of the electorate.
According to a recent poll conducted by NBC News/Des Moines Register, 51% of those polled by registered Republican groups in Iowa believe, without reliable evidence, that the mogul is the legitimate winner of the last election. With these premises, the road to the White House promises to be longer and more ruthless than ever./ Adapted "Pamphlet" from "InsideOver"
Lini një Përgjigje