The Conservative Legal Theory
A conservative legal theory is gaining popularity among Republicans who want to stop former president Donald Trump from running in New Hampshire.
Donald Trump Faces Challenge
Donald Trump Faces a Challenge The theory, proposed by two law professors and Federalist Society members William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas, claims that Trump is constitutionally barred from holding public office.
Their argument is based on the Constitution and Trump’s role in the January 6 attack on the Capitol, specifically Section Three of the 14th Amendment.
Up Next:
-
How D’Andre Swift Ran Over the Vikings and Made History in His Hometown
-
The Dream Weaver Singer Gary Wright Dies at 80
-
You Won’t Believe What This Tennis Fan Did at the U.S. Open
-
Elton John Hospitalized After Fall at Home: The Latest Update on His Health”
-
“Zach Bryan Announces The Quittin’ Time 2024 Tour: Get Your Tickets Now”
“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress.
Or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof,” the clause reads in full.
The New Hampshire Review:
New Hampshire is a key state in the electoral cycle as it’s one of the first major tests for any presidential hopeful.
Republican candidate Bryant “Corky” Messner asked for a review from New Hampshire Secretary of State David Scanlan to explore whether Trump should be removed from the ballot. Scanlan, along with state Attorney General John Formella, said they were “carefully reviewing the legal issues involved” in a joint statement.
“Neither the Secretary of State’s Office nor the Attorney General’s Office has taken any position regarding the potential applicability of Section Three of the Fourteenth Amendment to the United States Constitution to the upcoming presidential election cycle,” they added on Tuesday.
Messner, the GOP nominee for the New Hampshire Senate race in 2020 and an attorney, said the theory was “very compelling” in an interview with USA Today, adding that Scanlan was in a “difficult position.”
However, he is not actively seeking to disqualify Trump from the ballot, but allow the Supreme Court to decide the former president’s eligibility.
“I think this ought to be nonpartisan, and it ought to be a focus on what the Constitution says,” Messner said. “Of course, once you get into the legal system, it’s an adversarial process, and each side can argue their cases, but ultimately we need a judicial decision.”
The Pros and Cons of Disqualifying Trump:
Not everyone agrees with disqualifying Donald Trump, with the neutral chair of the New Hampshire GOP, Chris Ager, describing the efforts as an “assault on American democracy.”
“Whatever happened to letting the people decide? Let’s let the people decide, and let’s have a free, fair, open donnybrook of an election, and whoever wins, let’s rally behind them and move the country forward,” Ager said, adding that the state GOP would likely “join a lawsuit with the aggrieved candidate.”
Shay Bottomley is a British journalist based in Canada. He has written for the Western Standard, Maidenhead Advertiser, Slough Express, Windsor Express, Berkshire Live and Southend Echo, and has covered notable events including the Queen’s Platinum Jubilee.