Constitutional Originalists Advocate Barring Trump From Election

Two very conservative constitutional scholars have submitted an article that will be published in the prestigious, University of Pennsylvania Law Journal. They argue that Trump is already legally disqualified from holding office under Section 3 of the 14th Amendment due to aiding and abetting an insurrection. Authors William Baude and Michael Stokes Paulsen are “originalists” and members of the conservative Federalist Society, as are two-thirds of the Supreme Court, including recent Trump appointees. The term “Originalist” means they believe in a strict interpretation of the Constitution as the Framers intended.

Conservative lawyers argue Trump is legally disqualified from holding office

Please forgive me for sharing a video from MSNBC. However, you can consider it intelligence information, because it shows what the plan of attack by the Democrats will be, to bar Trump from being a candidate. If this succeeds in only 1-2 key battleground states, it could become impossible for Trump to win the general election.

No conviction by trial is necessary. The appointed election officials in each state are authorized to decide who is qualified to be a candidate. The authors urge all officials and courts to uphold the Constitution in this matter. Of course, this would be challenged in court and probably go to the Supreme Court. In regard to this issue, Trump does not have a very good record of success in court. It appears that a couple of Congressmen and Senators could potentially be removed from office for the same reason.

Gavin Newsom already tried to bar Trump from the primary ballot in 2020 but was overruled by a court. This effort, though, will likely be much better received by the courts.

Of course, the idea of banning Trump from the ballot will greatly appeal to Democrats and Progressives. I expect a large movement of blue states seeking to ban Trump as a candidate for the presidency. If a precedent is created in court then probably many if not all of the Red states will end up going along with it, if for no other reason than a lawsuit is filed to compel them to comply and ban Trump as a candidate.

Six southern states also have there own state laws against insurrectionists holding office that may be used to assists those trying to ban Trump from the ballot in those very critical states, which might otherwise be considered solidly pro-Trump.

A federal court already ordered a county commissioner in New Mexico, Couy Griffin, to be removed from office and banned from future office, due to his participation in the J6 insurrection, found to be a violation of the 14th Amendment.

Text of the article by Baude and Paulsen

If nothing else, just read the abstract on the first page of the article, below.
Click here to download article or view full-screen

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2 thoughts on “Constitutional Originalists Advocate Barring Trump From Election”

    1. Unfortunately, the system does not require a sanity or loyalty test for politicians. Was just saying it’s very predictable that Newson will try to keep Trump off the ballot. California has a lot of resources and attorneys that they can use to try to make sure that happens. If Gavin is allowed to do it, other states will be able to follow suit. Since this post was made, an effort has started by some California voters to have Trump barred from the ballot in the primary and general election, though the state government has not agreed to it yet. Of course, it most likely will depend on how the Supreme Court rules on it.

      California Dems consider unique approach to getting Trump off ballot

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