Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

Legal scholars increasingly raise constitutional argument that Trump should be barred from presidency
CNN ^ | August 20, 2023 | Katelyn Polantz

Posted on 08/20/2023 9:02:17 AM PDT by lowbridge

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.

The latest salvo came Saturday in The Atlantic magazine, from liberal law professor Laurence Tribe and J. Michael Luttig, the former federal appellate judge and prominent conservative,

-snip

“The people who wrote the 14th Amendment were not fools. They realized that if those people who tried to overturn the country, who tried to get rid of our peaceful transitions of power are again put in power, that would be the end of the nation, the end of democracy,”

-snip

Not all in the legal community agree with the pair’s constitutional argument – and what the scholars are proposing would need to be tested in court.

Yet Luttig and Tribe’s writings capture a conversation about the Constitution and the 2021 insurrection that is likely to grow heading into the 2024 election season.

They and others base their arguments on a reading of part of the 14th Amendment, a post-Civil War provision that excludes from future office anyone who, previously, as a sworn-in public official, “engaged in insurrection or rebellion … or [had] given aid or comfort to the enemies” of the government.

The pair write: “Having thought long and deeply about the text, history, and purpose of the Fourteenth Amendment’s disqualification clause for much of our professional careers, both of us concluded some years ago that, in fact, a conviction would be beside the point.

“The former president’s efforts to overturn the 2020 presidential election, and the resulting attack on the U.S. Capitol, place him squarely within the ambit of the disqualification clause, and he is therefore ineligible to serve as president ever again.”

(Excerpt) Read more at cnn.com ...


TOPICS: Chit/Chat; Conspiracy
KEYWORDS: 14thamendment; bananamerica; bias; katelynpolantz; lyingliars; mediabias; trump; unitedstatesofbanana
Navigation: use the links below to view more comments.
first 1-2021-4041-6061-72 next last

1 posted on 08/20/2023 9:02:17 AM PDT by lowbridge
[ Post Reply | Private Reply | View Replies]

To: lowbridge

Fake libtard legal scholars

Same type that lied about Humper


2 posted on 08/20/2023 9:06:16 AM PDT by NWFree (Sigma male 🤪)
[ Post Reply | Private Reply | To 1 | View Replies]

To: lowbridge

So...just like when Hillary fought back after 2016? Oh wait...


3 posted on 08/20/2023 9:06:17 AM PDT by Still Thinking (Freedom is NOT a loophole!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: lowbridge

“Legal Scholars” is just a fancy term for people who are afraid of work.


4 posted on 08/20/2023 9:06:19 AM PDT by FlingWingFlyer (Welcome to Amerika! Have you filed a lawsuit today?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: lowbridge

BS, Biden should be barred for committing treason.


5 posted on 08/20/2023 9:06:42 AM PDT by dforest
[ Post Reply | Private Reply | To 1 | View Replies]

To: lowbridge

CNN is a threat to democracy.


6 posted on 08/20/2023 9:07:33 AM PDT by Ge0ffrey
[ Post Reply | Private Reply | To 1 | View Replies]

To: lowbridge

It used to be in this country that you were innocent until PROVEN guilty…guess that’s from a bygone era!


7 posted on 08/20/2023 9:07:47 AM PDT by Brandonmark (November 2024 cannot comtly left out his party affiliation: e soon enough!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: lowbridge

These same constitutional “scholars” should be banned from the United States of America after first stripping them of their American citizenship and deporting the traitors.


8 posted on 08/20/2023 9:08:12 AM PDT by Gnome1949
[ Post Reply | Private Reply | To 1 | View Replies]

To: lowbridge

CNN and “Legal Scholars”. Same thing as Drunken and Circle Jerk.


9 posted on 08/20/2023 9:08:29 AM PDT by Bounced2X (Boomer - I survived childhood with no bike helmet.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: lowbridge

“Laurence Tribe and J. Michael Luttig” of course coming from the commie left.


10 posted on 08/20/2023 9:09:05 AM PDT by kenmcg (ti hi o)
[ Post Reply | Private Reply | To 1 | View Replies]

To: dforest

My thoughts exactly. Hitlery should’ve been barred over the email server and Benghazi.


11 posted on 08/20/2023 9:12:07 AM PDT by No name given (Anonymous is who you’ll know me as )
[ Post Reply | Private Reply | To 5 | View Replies]

To: NWFree

Ridiculous! The only thing I can see that would bar him is if he can prove he actually won the last time, which would mean he’d be running for an illegal third term this time.

But somehow I don’t think the Dems would be willing to go with that strategy…LOL!


12 posted on 08/20/2023 9:12:25 AM PDT by livius
[ Post Reply | Private Reply | To 2 | View Replies]

To: Ge0ffrey

Exactly, it’s just another arm of the propaganda machine of the rat party.


13 posted on 08/20/2023 9:12:44 AM PDT by No name given (Anonymous is who you’ll know me as )
[ Post Reply | Private Reply | To 6 | View Replies]

To: lowbridge

People who tried to overturn the country

Anyone who questions rigging an election

Marxists don’t like that


14 posted on 08/20/2023 9:13:04 AM PDT by Vaduz (....)
[ Post Reply | Private Reply | To 1 | View Replies]

To: lowbridge

Anyone being labeled a “scholar” by CNN has just been outed as a mindless idiot.


15 posted on 08/20/2023 9:13:11 AM PDT by Da Coyote
[ Post Reply | Private Reply | To 1 | View Replies]

To: lowbridge

These happen to be the same “constitutional scholars” who have been against every single thing Trump has said or done over the past eight years. They also happen to be the ones who have supported every single thing done by the democrats over the same years. It matters not that they have had to do a reversal of their previous legal positions. These “scholars” are partisan hacks who will do and say anything to condemn Trump and everything to excuse Biden.

I trust nothing they say.


16 posted on 08/20/2023 9:13:24 AM PDT by CFW (I will not comply!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: lowbridge

Anyone see the switcharoo here:

“Prominent conservative legal scholars are increasingly raising a constitutional argument that 2024 Republican candidate Donald Trump should be barred from the presidency”

“The latest salvo came Saturday in The Atlantic magazine, from liberal law professor Laurence Tribe and J. Michael Luttig,”

More dishonest propaganda


17 posted on 08/20/2023 9:14:00 AM PDT by Revel
[ Post Reply | Private Reply | To 1 | View Replies]

To: lowbridge

Most legal “scholars” are partisan h8ers. Fascists to boot.


18 posted on 08/20/2023 9:14:47 AM PDT by Paladin2
[ Post Reply | Private Reply | To 1 | View Replies]

To: All
They realized that if those people who tried to overturn the country, who tried to get rid of our peaceful transitions of power are again put in power, that would be the end of the nation, the end of democracy,”

Fortunate then for President Trump, who sought to prevent the left from overturning the country. And yes, allowing the left to contrive their way into power is proving to be the end of the nation.

19 posted on 08/20/2023 9:17:01 AM PDT by rockrr ( Everything is different now... )
[ Post Reply | Private Reply | To 1 | View Replies]

To: lowbridge

Of course that is what they have wanted all along.


20 posted on 08/20/2023 9:17:14 AM PDT by Altura Ct.
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-72 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson