Former President Donald Trump is embroiled in a contentious debate, accusing specific states of employing the 14th Amendment to thwart his chances in the 2024 election. He goes even further, alleging that this is a political maneuver, labeling it a ‘scam,’ to shift the election outcome in favor of President Joe Biden.
Questioning the Legal Basis
According to a report by The Washington Examiner, almost all legal experts have voiced their opinion, asserting that there exists no legal foundation for employing the 14th Amendment in the context of the 2024 presidential elections.
A Political Maneuver
Critics argue that this move is akin to electoral interference and is being wielded as a tool by those on the far left, Marxists, and even fascists, attempting once again to sway an election. They assert that this endeavor seeks to paint their candidate, regarded by some as the worst in American history, as the victor in what should be a fair election.
Some legal experts, both conservative and liberal, contend that the 14th Amendment bars individuals who have taken an oath to uphold the Constitution from holding office if they’ve been involved in an insurrection against the United States or have provided support to its adversaries.
Professors William Baude and Michael Stokes, affiliated with the Federalist Society, have produced a comprehensive 126-page report. This report claims that the constitutional amendment has effectively disqualified former President Donald Trump, and potentially others, due to his involvement in efforts to undermine the 2020 presidential election, as reported by Newsweek.
Prominent Democrats argue that this amendment could be a significant roadblock for Trump’s political ambitions. Senator Tim Kaine has stated that a compelling case has been presented, while Representative Adam Schiff believes it puts Donald Trump in a tight spot.
The use of the 14th Amendment has been gaining momentum, especially since four legal charges were filed against Trump. Now, even some Republicans are taking measures to keep him off the ballot.
Activist Groups and Political Moves
Free Speech For People, a legal advocacy group, recently urged election officials in nine states to disqualify former President Trump from the ballot. In New Hampshire, Republicans have contacted Secretary of State David Scanlan, citing disqualification as the primary reason.
Newsweek has reported that Trump’s supporters are promising a write-in campaign if he is unlawfully removed from office. Some believe that the Supreme Court of the United States (SCOTUS) could intervene to prevent Trump’s removal.
The People’s Choice
Charles Downs, a writer for Alex Jones’ National File, predicts that if Trump is unfairly ousted, many Americans will resort to writing him in. He underscores that, in America, it’s the people, not the so-called Deep State, who choose their president.
Women For Trump co-founder Amy Kremer and others have expressed their intention to write in Trump’s name if he is removed from office, emphasizing the potential impact on the Georgia GOP.
While most states permit write-in ballots in presidential elections, most potential candidates need to complete paperwork to ensure their votes are tallied separately.
Adam Kaufman, a former federal prosecutor and partner at Adams, Divers & Kamensky, highlights that while the 14th Amendment presents a compelling argument, achieving widespread acceptance remains uncertain. The application of this amendment hinges on the collective acknowledgment of certain facts, a challenge in today’s polarized political landscape. Until a consensus is reached on fundamental constitutional principles, consensus on its application to specific situations remains elusive.
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