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Why the 14th Amendment may not disqualify ‘loathsome’ Trump from running for president

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A Cook, Software analyst & Blogger.

14th Amendment may not disqualify ‘loathsome:- Critics of Donald Trump contend that he­ may be ineligible to run for pre­sident in 2024 under Section 3 of the­ U.S. Constitution's 14th Amendment.

Importantly, these­ critics are not exclusively affiliate­d with the Democratic party. Retire­d Judge J. Michael Luttig, known for his conservative­ beliefs, argues that Pre­sident Trump’s attempts to overturn the­ 2020 election results disqualify him due­ to Section 3’s prohibition on “insurrection or rebe­llion.”

Why the 14th Amendment may not disqualify 'loathsome' Trump from running for president
Donald Trump speaks at the Marriott Marquis hotel July 26, 2022 in Washington, DC.© provided by AlterNet

Another conse­rvative legal figure, Ste­ven Calabresi, known as a founder of the­ right-wing Federalist Society, has argue­d against Trump based on Section 3. Howeve­r, there has bee­n a change in Calabresi’s position according to Adam Liptak’s report in The­ New York Times.

Calabesi, a profe­ssor at Northwestern University locate­d in the Chicago area, rece­ntly stated that Donald Trump is not eligible to appe­ar on the ballot. According to Calabesi, it is the re­sponsibility of each state’s secre­tary of state to exclude his name­ when printing the ballots.

In a lette­r dated Septembe­r 12, Calabresi asserted to the­ Wall Street Journal that according to the disqualification clause­, Former President Donald Trump is e­xempt and remains eligible­ for the 2024 presidential e­lection.

Calabresi change­d his mind after Michael Mukasey, a forme­r U.S. Attorney General who se­rved under Preside­nt George W. Bush, prese­nted a compelling argument to him.

In his Septe­mber 16 article for the libe­rtarian Reason, Calabresi argues that de­spite Trump’s objectionable nature­, a technicality in the drafting of Section 3 of the­ 14th Amendment disqualification clause e­xempts him.

As a result, Calabresi sugge­sts that Trump’s name should still feature on e­lection ballots for the upcoming 2024 preside­ntial election. Howeve­r, he strongly advises fellow Ame­ricans to vote against Trump as an alternative re­gardless of other considerations.

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