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Tuesday, July 16, 2024, 11:01 am

Tuesday, July 16, 2024, 11:01 am

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An advantage for Trump

Trump
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Donald Trump, the former president and likely Republican nominee for president in the next election, is benefiting from the recent 9-0 decision by the US Supreme Court. The court unanimously decided that states cannot use Section 3 of the 14th Amendment, which was ratified in 1868 to prevent officials who participate in “insurrection or rebellion” from being eligible to run for office in the future, to disqualify presidential nominees. This was put in place to keep the former Confederates at a distance. At least 35 states have litigation pending against Trump. Of these, three states—Colorado, Maine, and Illinois—have cited the Fourteenth Amendment to prevent him from running for president a third time. This judgement was made because, in his capacity as the 45th President and after taking an oath to uphold the Constitution in letter and spirit, he attempted to obstruct a peaceful handover of power in January 2021.

The 14th Amendment’s Section 3 was invoked by Trump because his actions amounted to an actual “insurrection or rebellion.”
The states’ ability to use the clause against insurrectionists seeking state positions rather than federal ones was maintained by the Federal Court. In a nation of fifty states, no state may be granted the authority to reject a presidential candidate on this basis. To put it another way, states cannot bar Trump from running for office in the upcoming election based only on his behaviour that was unworthy of a president.

The 14th Amendment could have applied to him, depending on the outcome of the Federal Court’s consideration of the matter. Trump is free to carry out his ambition of taking back the presidency because no such decision was made. By rendering this decision, the Supreme Court has eliminated any state’s ability to disqualify a candidate on any of these grounds. It’s an accomplishment for federal supremacy.

Abhishek Verma


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