Every state must grapple with the implications of the 14th Amendment.
to make the determination. Does state law require they obtain a ruling from the state attorney general or other legal official? Do they conduct open hearings to provide transparency and educate voters? There are no easy answers because we have never witnessed the accused instigator of an attempted insurrection run for president. And though Trump is not yet the nominee, it would be reckless not to prepare for the strong likelihood that Republican primary voters will nominate their cult leader.
And let’s also remember that all of this — the Trump reelection bid, the threat of a lawless president returning to the White House, the perilous state of the rule of law — could have been avoided had Senate Republicans, including Sen. Mitch McConnell , done their duty and convicted Trump in the impeachment trial afterAnd that brings us to the federal courts. There is federal precedent that a candidate should not be excluded .
However, Baude and Paulsen utterly demolished the reasoning in that case. Chief Justice Salmon Chase invited ridicule because “his core argument was that surely Section Three cannot mean what it says: It would have bad consequences, can’t possibly have been intended by the ratifiers, and would violate the spirit of the Constitution.” Baude and Paulsen, in their exacting analysis and historical examination, concluded that “these arguments are bad ones.
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