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The provision in the US Constitution that endangers the campaign of former President Trump

2023-12-21 07:12:09, Kosova & Bota CNA
The provision in the US Constitution that endangers the campaign of former
Former US President, Donald Trump

Former President Donald Trump's bid to regain the White House has been put in jeopardy by two sentences that were added to the United States Constitution 155 years ago.

The Colorado Supreme Court handed down a historic ruling on Tuesday that bars Mr. Trump from being on the ballot in that state under Section 3 of the 14th Amendment. That statutory amendment bars holding public office by an official who he swore to support the Constitution and then "engaged in rebellion" against it.

This is the first time in history that this provision has been used to stop someone from running for the White House. The United States Supreme Court will have the final say on whether the Colorado court's decision stands.

If it happens, which many legal experts say is unlikely, it would end Mr. Trump's campaign because the Supreme Court ruling would apply in all states.

It also paves the way for a new world of political warfare, as future politicians would use court rulings to disqualify their rivals under the same provision.

Some conservatives have even considered using the provision against Vice President Kamala Harris, who raised money for the bail release of detainees during the violence following the killing of Mr. George Floyd in Minneapolis. They said that this should also be considered an "insurrection" against the Constitution.

WHAT IMPACT WILL THE DECISION HAVE?

Aware that the case was likely to go to the United States Supreme Court, the 4-3 decision by the Colorado Supreme Court will not take effect until Jan. 4, the day before primary ballots are printed. in that state, or until the Supreme Court makes a decision.

Technically, Colorado's ruling only applies in that state, while secretaries of other states are issuing statements saying Mr. Trump remains on the primary ballot.

But Colorado's decision could encourage other states to remove Mr. Trump's name from the ballot.

Activists have asked state election officials to do so unilaterally, but none have. Dozens of lawsuits have been filed, but all have failed until Colorado.

The United States Supreme Court has never ruled on what Section 3 of the 14th Amendment means. An appeal by Mr. Trump's campaign is not expected to be filed this week.

The Supreme Court can make different decisions, from upholding the Colorado decision or rejecting it. Another alternative could be to avoid the essential questions. But many experts warn that it would be dangerous to leave a vital constitutional question unanswered.

"It is imperative to American political stability that we have a final legal resolution of these issues as soon as possible," Rick Hasen, a law professor at the University of California, Los Angeles, wrote shortly after the decision. "Voters need to know if the candidate they are supporting for president has the right to run."

WHAT WILL THE US SUPREME COURT DO?

The Supreme Court consists of nine justices, six of them appointed by Republican presidents, including three appointed by Mr. Trump himself.

In part because this is an entirely new legal framework, it is difficult to predict how individual judges will rule based on their ideology.

Some of the strongest supporters of using the provision in question against Mr. Trump have been prominent conservative theorists and lawyers, who argue that courts must apply the actual words of the Constitution. They argue that there is no room for interpretation and that Mr. Trump is clearly disqualified.

All seven justices of the Colorado Supreme Court have been appointed by Democrats. But they were split on the vote 4-3. The majority cited a decision by Mr. Neil Gorsuch from when he was a federal judge in Colorado. Mr. Gorsuch is one of Mr. Trump's Supreme Court appointees.

He had made the decision that someone born in Guyana, but who has obtained American citizenship, does not meet the conditions set by the Constitution to be on the ballot for the presidential elections.

However, courts are reluctant to limit voters' choices. The question is whether a legal dispute is better resolved by the people the voters have chosen to make the laws or by unelected judges? This is one reason why all other lawsuits against Section 3 of the 14th Amendment have so far failed.

WHAT IS POINT 3 OF AMENDMENT 14?

Clause 3 of the 14th Amendment was written to keep former confederate leaders out of government positions. The statutory addition excludes from holding public office all those who have previously taken the oath but who have engaged in insurrection or rebellion against the state or aided the enemy. Clause 3 states that this provision may be amended by a two-thirds vote of each house of Congress.

The provision was used frequently in the years immediately following the Civil War, but was no longer used after Congress passed an amnesty in 1872 for many Confederate veterans.

According to researchers, the only case of using the provision in the 20th century was in 1919 against a socialist lawmaker who opposed the involvement of the United States in the First World War./ VOA





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