As former President Donald Trump dominates the Republican presidential primary, some liberal groups and legal experts contend that a rarely used clause of the Constitution prevents him from being president after the Jan. 6, 2021, attack on the U.S. Capitol.
The 14th Amendment bars from office anyone who once took an oath to uphold the Constitution but then “engaged” in “insurrection or rebellion” against it. A growing number of legal scholars say the post-Civil War clause applies to Trump after his role in trying to overturn the 2020 presidential election and encouraging his backers to storm the U.S. Capitol.
Two liberal nonprofits pledge court challenges should states’ election officers place Trump on the ballot despite those objections.
The effort is likely to trigger a chain of lawsuits and appeals across several states that ultimately would lead to the U.S. Supreme Court, possibly in the midst of the 2024 primary season. The matter adds even more potential legal chaos to a nomination process already roiled by the front-runner facing four criminal trials.
I keep thinking this, though it makes me nervous at the same time. Trump has way more support among Republicans than any of the others, but I think and hope he’d have real problems in the general election. The reason that thought makes me nervous is because I didn’t think he had a real shot in 2016, and that turned out to be disastrously wrong. I would so hate to end up with another Trump term.
If he’s excluded, then one of the other candidates will win the Republican primary. That person isn’t going to have as much support in the primary - that’s likely to be a closer race - but night not have as much problem in the general. Ultimately, by and large, Republicans are going to vote for the Republican candidate.
I’m going to be anxious until next November.
I’m more worried about what happens if he loses and his supporters decide not to take no for an answer.
It’s not good, but him winning has to be worse in the long run.
We saw what happens. I don’t think it’ll go worse this time than it did in 2020
Tagging so I can come back and say I told you so in two years.
if that’s what’s important to you no one can stop you
You should still be nervous because he only won due to Electoral College numbers, not votes. He just needs to win in the right places and it’s a done deal. And if anything, quite a few of those “right places” are firmly on his side already. He only lost last time because a few of the “right places” didn’t go his way, which they still probably can.
This is what scares me… we are powerless in a sense to the electoral votes… and the packed supreme court is equally as scary should these lawsuits fall on their feet… we already know the outcome of that…
We aren’t ‘powerless,’ but we really don’t want to do the solution. Just 300,000 blue-voting california residents in the right states would ensure Democrat control of the executive for at least the next 10 election cycles; around 2 million moving to the right states and districts would ensure at least a blue majority in congress as well. But I ain’t signing up to move. And the DNC isn’t offering relocation vouchers. And it’s probably not legal for them to offer to pay for relocation for political purposes.
What (slightly?) soothes me a tiny bit is knowing that a DeSantis presidency would almost certainly be significantly worse. Trump, for all his flaws, can be relied on for exactly one thing: he cares only about himself. He doesn’t really have any significant policy objectives beyond inflating his own ego. That would still be disastrous in a lot of ways, but there’s a raw vindictiveness to DeSantis that Trump doesn’t really have.
We also have the benefit of knowing that Biden can and has beaten Trump before, and he hasn’t really gained any new fans. A Trump nomination is probably the clearest shot we have to a good 2024 (yes, I know we’ve heard this one before).
Trump doesn’t need his own policy objectives. He has republican think tanks to do that work for him. He just signs his name. It’s not like it was his idea to pack the supreme court. That came from Heritage Foundation or some such place.
I think this is ultimately worse than DeSantis because Trump will allow ALL THE CRAZIES to get around him (Sydney Powell anyone?) and that is what he’ll do. DeSantis will bring your average GOP talking points with extra racism on top, but he’s probably not going to bring insurrectionists into the conversation.