Trump is constitutionally barred from Presidency, say conservative legal scholars

Originally published at: Trump is constitutionally barred from Presidency, say conservative legal scholars | Boing Boing


Such demonstrated leadership would be appreciated by many voters as a sign of character, conviction, and courage.

He seems unfamiliar with the nature of both the GOP primary slate of candidates and the party’s base.

Nice to see conservatives rolling out an “originalist” argument that hasn’t twisted the intent of the Framers into pretzels, I suppose.


That’s as maybe, but Trump don’t care.


I don’t think he cared last time this was on Boing Boing, I doubt he’s changed his mind since.


Others have taken the opposite view: Stanford Law professor Michael McConnell wrote that while he has “low regard” for Trump, letting secretaries of state disqualify political opponents from the ballot would be “profoundly anti-democratic” and he doesn’t believe January 6 rises to the level of an insurrection, warning disqualifying Trump “could empower partisans to seek disqualification every time a politician supports or speaks in support of the objectives of a political riot.” -Forbes

You just know that gQp Sec of States across the country would start disqualifying any Dem candidate based on some BS reason. Hell they are getting ready to impeach Biden just because.


While I personally would love to see him never hold office again (or run for office, or even talk for that matter), it’s a pipe dream to think that such a thing would actually prevent another Tr*mp presidency from happening.

Fact is, Tr*mp has not been charged or convicted of seditious conspiracy (yet) and this section of the 14th amendment was written to prevent southern states from sending a phalanx of ex-Confederates to Washington after the Civil War. The clause has never been tested like this before and it would immediately go to the Supreme Court where TFG’s pocket justices would rule in his favor.

Nice to think about from an academic standpoint but in no way would it ever happen.


Fuck this noise. The flag of the traitorous confederacy was flown in the capitol of our country. They had “Civil War 2” shirts printed, FFS. It is what we saw, a fucking insurrection.



It’s unbelievable that Smith hasn’t pulled the Seditious Conspiracy charge out of his hat already. :man_shrugging:


Not to mention an attempted coup (that nearly succeeded), far as I’m concerned.


It’s already been mentioned above, but just for completeness, here’s where this story was already reported on BB, and discussed extensively in the comments.


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