Top Democrats Back ‘Dangerous’ Legal Theory To Block Americans From Voting For Trump
Axios reported that two top Democrats supported the theory on Sunday that the former president Donald Trump may be disqualified to run under the 14th Amendment.
Axios reports that Democratic Representatives Adam Schiff from California and Tim Kaine from Virginia have backed the idea of removing Trump’s name from the ballot in 2024 under Section 3 (14th Amendment) which states that “anyone who has engaged in insurrection cannot hold elected offices.” Free Speech For People (a Democratic-aligned organization) sent letters last week to secretaries in 2024 key states urging Trump’s removal from the ballot.
Shiff told MSNBC’s Inside with Jen Psaki Sunday that the disqualification was “perfect for Donald Trump.”
Schiff stated that “if you commit acts of rebellion or insurrection against the government or if you provide aid and comfort to others who do so, you will be disqualified from running.” It’s not necessary to be convicted of an insurrection. You must have committed these acts.
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Kaine told ABC News that there was “a strong argument” to be made for disqualification.
He said that the “attack on the Capitol” that day had a specific purpose, which was to disrupt a peaceful transfer of authority as laid out in our Constitution. “It’s likely going to be resolved in the court,” he added.
Jonathan Turley, a law professor at George Washington University, called the idea that Trump could be disqualified under the 14th Amendment the “most dangerous constitutional theory” he had seen in years during a Fox News segment aired on August 22.
Hans von Spakovsky is the manager of The Heritage Foundation’s Election Law Reform Initiative and senior legal fellow. He told The Daily Caller News Foundation previously that Section 3 “is not in effect” because Congress has passed two amnesty laws in 1872 & 1898, as allowed by Section 3 to remove the disability imposed by Section 3.
Spakovsky stated that “Donald Trump was never convicted by a court of ‘insurrection’ or’rebellion’ and neither by Congress in the impeachment procedures that were tried against him.” “These attempts to disqualify Trump from voting are unconstitutional.”
William A. Jacobson, professor at Cornell Law School, told DCNF previously that allowing officials in each state to decide what constitutes an insurrection would “wreak havoc” on the constitutional presidential election system.
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