Sunday, April 14, 2024

Trump is running for president, but the Supreme Court didn’t give clear answers to important questions about the Constitution

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But some folks found the opinion a bit confusing, thinking it might lead to a big argument about the rules.

A law professor from Indiana University, Gerard Magliocca, who knows a lot about the ban, and is on Team Trump’s disqualification side, said, “The opinion doesn’t really say what happens if Trump wins. At best, it’s not clear. So, if Trump wins, people might try some things, making the transition, if he wins, more messy and complicated than it has to be.”

What about other rules for running for president?
Before the big talk on February 8 about Trump’s case, people wondered if states could kick out a candidate who’s clearly not allowed before the election, or if the rules only decide if they can serve once elected.

The Constitution says a president has to be at least 35 years old. Could a state say no to a 25-year-old candidate? What if a president tried for a third term, breaking the 22nd Amendment? These kind of crazy what-ifs kept popping up during Trump’s ballot cases.

Six Colorado voters who sued Trump brought up a case from 2012 about a candidate born in Guyana, even though the Constitution says the president must be a “natural born citizen.”

A guy named Somin said, “The majority’s idea about states not disqualifying people might apply to other election rules too.” He guessed a candidate trying to ignore other Constitution rules would probably lose. The difference, he said, is that the 14th Amendment says Congress can make laws to follow it. The court’s conservatives kind of hinted at this in their opinion, talking about Congress having the power to enforce the ban against insurrection.

But the other rules written in Article II and different amendments don’t have the same hints, Somin said. “But the majority’s opinion doesn’t make that clear. We might see some fights about it.”

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