Jamelle Bouie, New York Times opinion columnist, discusses the Supreme Court case on whether the 14th amendment keeps Donald Trump off the ballot. They explore the legal arguments, analyze Trump's potential disqualification, and debate if a former president can be removed from the ballot. They also discuss the aftermath of the Civil War, the issue of Confederate leaders in government, and question presidential immunity from prosecution.
The Supreme Court is considering whether the 14th Amendment can be used to keep insurrectionists like Donald Trump off the ballot.
The case highlights a dormant clause in the Constitution known as Section 3, aimed at preventing individuals who engaged in insurrection from assuming office again.
Deep dives
The 14th Amendment case and Trump's disqualification from the ballot
Today at the Supreme Court, a case is being heard that argues that the 14th Amendment should block Donald Trump from appearing on the ballot. The argument is that Trump's behavior and role in the January 6th insurrection fit the ban on people who have incited insurrection from holding office. While the legal case is novel and unprecedented, the argument is not complex. It simply relies on reading the text of the Constitution and applying it to Trump's actions.
The dormant clause of the Constitution
The 14th Amendment case highlights a previously dormant clause of the Constitution known as Section 3. This clause, written after the Civil War, prohibits individuals who took an oath to the Constitution and then engaged in insurrection or rebellion from assuming office again. It is aimed at preventing former Confederates from regaining power. The argument is being made that January 6th was an insurrection and that Trump's actions fit the criteria outlined in Section 3.
Possible outcomes and implications
While it is unlikely that the Supreme Court will disqualify Trump from the ballot, there are several possible outcomes. They may punt the decision to the states or to Congress, arguing that it is a political matter. However, such a decision could undermine the legitimacy of the court. Another argument being made is to allow states to disqualify candidates if it deprives a significant portion of citizens of their ability to cast a vote. Regardless of the decision, the case forces an examination of Trump's relationship to American democracy and how his supporters view themselves in relation to the democratic process.
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