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this post was submitted on 19 Aug 2023
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politics
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This is the best summary I could come up with:
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.
The latest salvo came Saturday in The Atlantic magazine, from liberal law professor Laurence Tribe and J. Michael Luttig, the former federal appellate judge and a prominent conservative who’s become a strong critic of Trump’s actions after the election.
They and others base their arguments on a reading of part of the 14th Amendment, a post-Civil War provision that excludes from future office anyone who, previously, as a sworn-in public official, “engaged in insurrection or rebellion … or [had] given aid or comfort to the enemies” of the government.
The law professors argued current and former officeholders who took part in supporting or planning the efforts to overturn the election for Trump should also be “stringently scrutinized” under the Constitution should they seek bids for future public office.
The pair also looked at the historical intentions of this section of the 14th Amendment, which barred Confederates after the Civil War from holding office again, because if they were to be allowed, the US would never be able to engage in “effective ‘reconstruction’ of the political order” and newly freed formerly enslaved people wouldn’t be properly protected.
Previously, advocacy groups contested the ability of Republican members of Congress Marjorie Taylor Green and Madison Cawthorn to be ballot candidates in 2022 because of the 14th Amendment and their vocal support of the Capitol rioters.
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