“Donald Trump cannot be president cannot run for president, cannot become president, cannot hold office unless two-thirds of Congress decides to grant him amnesty for his conduct on Jan. 6.&#…
WASHINGTON Two prominent conservative law professors have concluded that Donald Trump is ineligible to be president under a provision of the Constitution that bars people who have engaged in an insurrection from holding government office. The professors are active members of the Federalist Society, the conservative legal group, and proponents of originalism, the method of interpretation that seeks to determine the Constitution’s original meaning.
He summarized the article’s conclusion: “Donald Trump cannot be president cannot run for president, cannot become president, cannot hold office unless two-thirds of Congress decides to grant him amnesty for his conduct on Jan. 6.” There is, the article said, “abundant evidence” that Trump engaged in an insurrection, including by setting out to overturn the result of the 2020 presidential election, trying to alter vote counts by fraud and intimidation, encouraging bogus slates of competing electors, pressuring the vice president to violate the Constitution, calling for the march on the Capitol and remaining silent for hours during the attack itself.
But James Bopp Jr., who has represented House members whose candidacies were challenged under the provision, said the authors “have adopted a ridiculously broad view” of it, adding that the article’s analysis “is completely anti-historical.” The new article examined the historical evidence illuminating the meaning of the provision at great length, using the methods of originalism. It drew on, among other things, contemporaneous dictionary definitions, other provisions of the Constitution using similar language, “the especially strong evidence from 1860s Civil War era political and legal usage of nearly the precise same terms” and the early enforcement of the provision.
Although the provision was devised to address the aftermath of the Civil War, it was written in general terms and continues to have force, the article said.
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