Some legal professors and activists may be pushing the increasingly persuasive constitutional argument that preventing former President Donald Trump from running for president would violate the 14th Amendment. However, it turns out that the issue has been under discussion among election officials for months.
Constitutional Debate Regarding Former President Donald Trump’s Eligibility
The 2024 presidential election was discussed, along with the possibility of Former President Donald Trump’s activities related to the Jan. 6 uprising violating Section 3 of the 14th Amendment, he might be removed from the state ballot. Former President Donald Trump is the current front-runner for the Republican nomination.
The issue, which conservative legal circles first brought up, is currently being discussed in a number of states, including Colorado, where a watchdog group filed a complaint on Wednesday seeking Mr. Trump’s disqualification, as well as the competitive states of Arizona and Michigan, where a legal challenge was launched last week.
Last week, when Charlie Kirk of a conservative talk radio misinformed his listeners that New Hampshire was attempting to disqualify Mr. Trump, controversy broke out. Mr. Scanlan’s office received hundreds of calls in only a few days. John Formella, the attorney general of New Hampshire, and Mr. Scanlan met and released a joint statement.
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Former President Donald Trump’s Eligibility Became a Constitutional Debate
As per the report of Christian Science Monitor, Griswold mentioned that “there have been conversations among secretaries” about it to emphasize how seriously she has been handling the subject.
According to the legal theory, Former President Donald Trump is ineligible to serve as president because of the 14th Amendment’s “insurrection clause,” which states that anyone who “engaged in insurrection or rebellion” after swearing to uphold the Constitution is ineligible to hold public office.
Since the theory hasn’t been put to the test very much recently, it’s unclear who exactly has the authority to decide if Former President Donald Trump should be disqualified from running for office, let alone what exactly constitutes “an insurrection or rebellion” under the law.
And other election officials, such as Republican Brad Raffensperger of Georgia who rebuffed Former President Donald Trump’s attempts to rig the 2020 election, claim they lack the right to do so.
It is being tested right now.