Constitution
Donald Trump
Election 2024
Lawyer
Responses: 4
2
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What crime has President Trump been convicted of by the court(s) that constitute his being disqualified under the 14th Amendment? When you can answer that question with facts, then you have your answer. The courts of public opinion do not matter, convictions in court do.
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SFC Casey O'Mally
Technically, 14A, section 3 does not require a conviction.
Now, earlier in 14A, as well as 5A does require DUE PROCESS, which we tend to associate with conviction. But it is also notable that the due process is applied specifically to life, liberty, and property. It can thusly be argued that, as eligibility to run for office falls under none of those, preclusion from office does not require due process.
That argument runs counter to our national sense of justice. But it is not technically wrong.
Now, earlier in 14A, as well as 5A does require DUE PROCESS, which we tend to associate with conviction. But it is also notable that the due process is applied specifically to life, liberty, and property. It can thusly be argued that, as eligibility to run for office falls under none of those, preclusion from office does not require due process.
That argument runs counter to our national sense of justice. But it is not technically wrong.
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2
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Ultiple court cases have already addressed this. And not a single one has been successful in barring Trump or anyone else from being on the ballot.
So, according to the courts, Trump is perfectly eligible.
So, according to the courts, Trump is perfectly eligible.
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