Prominent conservative legal scholars are increasingly raising a constitutional argument that 2024 Republican candidate Donald Trump should be barred from the presidency because of his actions to overturn the previous presidential election result.

  • lily33@lemm.ee
    link
    fedilink
    arrow-up
    5
    arrow-down
    2
    ·
    edit-2
    1 year ago

    As much as I hate Trump - wouldn’t he need to be convicted for trying to overturn the election before he loses any civil rights over that?

    • NABDad@lemmy.world
      link
      fedilink
      English
      arrow-up
      8
      ·
      1 year ago

      I think the point they are making is that the Constitution doesn’t specify that a conviction is necessary.

      It doesn’t say it isn’t necessary either.

      • lily33@lemm.ee
        link
        fedilink
        arrow-up
        5
        ·
        1 year ago

        Maybe it doesn’t have to be a criminal conviction - but there must be some process to review the evidence, and establish that the attempt happened.

        • NABDad@lemmy.world
          link
          fedilink
          English
          arrow-up
          5
          ·
          1 year ago

          Unfortunately, the Constitution doesn’t specify, which means it would have to be decided by the courts.

          I suppose Congress could create a process. Well, maybe not this Congress. A Congress.

    • BigNote@lemm.ee
      link
      fedilink
      arrow-up
      1
      ·
      1 year ago

      I think you could do it with a civil suit filed in the appropriate jurisdiction. But IANAL, so that’s just a guess. It seems like that’s what they did with the guy in New Mexico.

    • trafficnab@lemm.ee
      link
      fedilink
      arrow-up
      1
      ·
      1 year ago

      They argue that it doesn’t remove anyone’s rights, it’s a constitutionally mandated eligibility requirement, no different from needing to be over 35 or US born