The Wall Street Journal has come out in opposition to the legal theory that the 14th Amendment could be used to keep Donald Trump off the ballot.
The first step must be a recognition that the 14th Amendment is relevant and demands fidelity from, “Section 3 is no anachronism or relic from the past; rather, it applies with the same force and effect today as it did the day it was ratified — as does every other provision, clause, and word of the Constitution that has not been repealed or revised by amendment.”to make the determination.
This would seem to violate the due-process protections that are explicit elsewhere in the Constitution. Removing Mr. Trump by fiat would also deny voters the constitutional right to vote for the candidate of their choice. See, among other precedents. This is precisely the right that Mr. Smith, the special prosecutor, accuses Mr. Trump of violating. Democrats would arguably be committing the same offense.
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