Some on the right and left have claimed that former President Trump could be disqualified from appearing on the 2024 presidential ballot.
Some on the right and left have claimed that former President Trump could be disqualified from appearing on the 2024 presidential ballot.The legal theory goes that Trump could be blocked from the ballot point as Section 3 of the 14th Amendment to the US Constitution — the Disqualifications Clause — bars individuals who “have engaged in insurrection or rebellion” against America, or aided those engaged in such, from holding office.
“The amendment was written to deal with those who engage in an actual rebellion causing hundreds of thousands of deaths,” Turley said. “Advocates would extend the reference to ‘insurrection or rebellion’ to include unsupported claims and challenges involving election fraud.” Heritage Foundation senior legal fellow Hans von Spakovsky told Fox News Digital that it is his opinion that there are no legal grounds to keep Trump off the ballot via the 14th Amendment.
“In 1872, they passed . . . the Amnesty Act, and it removed the Section three disqualification, with certain exceptions, including anybody who had served in two of the Congresses just before the Civil War, and members of the military, for example, who had been in the Union Army and had served the Confederacy,” Von Spakovsky said.
“Following the plain language of the Constitution, Donald Trump and other officials who were involved in the January 6 insurrection are disqualified from holding future public office,” Sozan argued. “This conclusion is supported by a wide range of respected constitutional law experts — across the ideological spectrum.”
Six of the eight Republican presidential contenders on the debate stage indicated that they would support Trump as their party’s 2024 White House nominee.“I think the issue will make it to the federal courts, because it is likely that at least one Democratic state official will make the determination to take Trump off the ballot,” Wisenberg said. “I believe the case will make its way fairly rapidly to the US Supreme Court.
Several states are seeing calls to ban Trump from the ballot, but it is unlikely that the proposals will be taken up.state Supreme Court ruled
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