In the US, opponents of Donald Trump are trying to exclude the former president from the primaries and the 2024 elections. They see his central role in the storming of the Capitol as an exclusion criterion. The legal situation is vague and a legal battle is inevitable.
Trump’s opponents justify his removal from the ballot with a section of the 14th Amendment to the Constitution, which deals with disqualification from holding office in the event of an insurrection against the state. Below are the main responses to the current situation.
What does the constitution say?
The law prohibits people from holding office if they have participated in “insurrection or rebellion” after taking an oath to the United States. The rule was enacted in 1868 to prevent certain former Southerners from serving in the U.S. government after the Civil War.
Does this apply to Trump?
Opponents of Trump accuse the Republican of committing an insurrection under the Constitution in connection with the storming of the Capitol by his supporters on January 6, 2021. At the time, the mob tried to prevent the confirmation of Democrat Joe Biden’s election victory. Trump was acquitted of the charges in a parliamentary impeachment trial.
Trump and his allies firmly reject the accusation. They speak of a plot to prevent the Republican candidate, who is by far the most important candidate, from returning to the White House. Trump’s lawyers also argue that only Congress can enforce Section 3 and that presidents are excluded from the regulation anyway.
What do courts say?
Two courts are currently addressing Trump’s role in the storming of the Capitol. However, no formal charges of ‘insurrection’ have yet been filed against him.
There is no uniform policy among states regarding the application of paragraph 3. The Colorado Supreme Court ruled on December 19 that Trump had committed an insurrection and barred him from the state’s primaries. He was also removed from the ballot in Maine – but only symbolically. Both states have formally suspended their decision as the cases are likely to end up before the U.S. Supreme Court. That means: Trump’s name can be checked in his party’s primary campaign, but the votes can be retroactively revoked – depending on the ruling.
A timetable for this cannot yet be provided. It is entirely possible that the issue will not be heard by the top courts until after the primaries. Legal chaos cannot be ruled out.
Courts in Minnesota, California and Michigan have upheld Trump’s approval. In the US, primaries and actual presidential elections take place at the state level, in accordance with their respective laws and regulations. They therefore determine who can participate and how the voting takes place.
Who has the final say?
Ultimately, the U.S. Supreme Court will likely weigh in on the issue. It is unclear how the Supreme Court will decide on this. The court is dominated by a conservative majority; three of the nine judges were appointed by Trump. In particular, it is unclear whether they focus on whether Trump was guilty of the insurrection.
For example, the court could only decide that Article 3 does not apply to the president. Excluding Trump from the election would amount to a political earthquake.
Source: Krone
I am Wallace Jones, an experienced journalist. I specialize in writing for the world section of Today Times Live. With over a decade of experience, I have developed an eye for detail when it comes to reporting on local and global stories. My passion lies in uncovering the truth through my investigative skills and creating thought-provoking content that resonates with readers worldwide.
