Trump Is Ineligible for Presidency Says New Study – Here Are the Reasons for His Disqualification

A new study analyzes whether Donald Trump has the right to run for president for the second time. Here’s the full story. 

The Study

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Two conservative law professors, William Baude from the University of Chicago and Michael Stokes Paulsen from the University of St. Thomas, have undertaken a comprehensive study that suggests Donald Trump may not run for president for the second time. 

Grounds for Disqualification

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The study found that Trump could be disqualified from holding the presidency under a constitutional provision. 

No Insurrection

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This provision disqualifies individuals who have engaged in an insurrection from occupying government positions.

Conservative Professors

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Professor Baude and Paulsen, are active members of the conservative legal group the Federalist Society.

They are proponents of originalism, a method of interpreting the Constitution’s original meaning. 

Findings Due for Publication

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They conducted their research for over a year and their findings will be published in an upcoming issue of The University of Pennsylvania Law Review.

The Basis

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In their study, Baude and Paulsen explore whether Trump’s actions leading up to and during the events of January 6th, 2021, amount to insurrection, rendering him ineligible for the presidency. 

The Analysis

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The professors’ analysis concludes that unless two-thirds of Congress grants him amnesty for his conduct on that day, Trump cannot run for president, become president, or hold any government office. 

Provoke Lawsuit

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The article’s depth and scope could potentially fuel lawsuits by other candidates and voters contending that Trump’s actions make him constitutionally ineligible for public office.

The Front Runner

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Although the article won’t alter the fact that Trump remains a prominent political figure and the Republican front-runner, it could stimulate legal challenges based on his eligibility. 

According to Professor Paulsen, these lawsuits might raise a crucial constitutional issue that could reach the Supreme Court.

The Law

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The professors’ findings are rooted in Section 3 of the 14th Amendment, which prohibits individuals who have engaged in insurrection or rebellion from holding office if they previously took an oath to support the Constitution. 

Congress can only lift this prohibition through a two-thirds majority vote in each chamber.

Trumps Legal Trouble

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Trump has faced legal challenges before, including two federal indictments related to his efforts to overturn the 2020 election and his handling of classified documents. However, the current analysis centers on his eligibility to hold office. 

Evidence Against Him

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The article cites substantial evidence suggesting Trump’s involvement in the insurrection, including his efforts to subvert the election, pressure the vice president to disregard the Constitution, and his role in inciting the events of January 6th.

The Reaction

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The law professors’ work has garnered support and critique. Steven G. Calabresi, a Federalist Society founder, praised the article, while James Bopp Jr., who has represented House members in challenges under the same constitutional provision, criticized its breadth and historical accuracy.

The Analysis’ Conclusion

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While based on historical evidence, the professors’ analysis contends that Trump’s actions align with the definition of insurrection and rebellion outlined in Section 3 of the 14th Amendment. 

The language of this provision is automatic and comparable to other qualifications for holding office outlined in the Constitution, such as the age requirement for the presidency.

What Will Trump Do Next

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While the professors’ article won’t alter Trump’s present circumstances, it introduces an intriguing legal perspective. 

Whether this analysis will contribute to any legal actions challenging his future eligibility for office remains to be seen.

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Featured Image Credit: Shutterstock / Evan El-Amin. The people shown in the images are for illustrative purposes only, not the actual people featured in the story.

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