US Supreme Court is considering the constitutionality of barring Trump from contesting elections

Washington – On Thursday, the U.S. Supreme Court will hear arguments and counterarguments in one of the most important election cases in American history.

The central question will be about the Fourteenth Amendment to the US Constitution, adopted during the Civil War in the 1860s, based on which Donald Trump could be banned from holding any government office.

The Supreme Court, consisting of 9 justices, including 3 liberals appointed by Democratic presidents, 6 conservatives appointed by Republican presidents and 3 of them appointed by Trump himself, will consider a case from the state of Colorado, where the Supreme Court had ruled against Trump. Trump is not eligible to appear on the presidential election ballot in the state.

It is noteworthy that US states run their elections in a decentralized manner, and they set all their own regulatory rules and procedures. The Colorado primary election will be held on March 5.

The Colorado State Supreme Court decided to disqualify Trump from running in the election due to his role in the events of January 6, 2021, and viewed it as his support of an insurrection against the US government, and this decision Passed by one. Majority of 4 votes against 3.

14th amendment dilemma

This is the first time that the Supreme Court of any US state has found that the Civil War-era disqualification clause, adopted in the 14th Amendment, applies to both the office of the presidency and the actions of a former president. The Supreme Courts in Minnesota and Michigan have rejected similar complaints in recent weeks.

All opinion polls currently indicate that Trump is the clear leader to represent the Republican Party in the upcoming presidential elections, and Trump has won primary elections in all states where they have been held so far, despite his legal problems. , which had very few problems. Impact on Republican voter support so far.

The Colorado Supreme Court has found that the Constitution's Civil War-era Insurrection Clause disqualifies Donald Trump from holding government office, while other state courts have reached the opposite conclusion.

Colorado court believes Trump stood by and was eager to incite chaos and violence as thousands of his supporters attempted to stop the certification of his opponent Joe Biden's victory in the 2020 presidential election, January 6, 2021 stormed the US Capitol building. ,

The text of Constitutional Amendment No. 14, which was ratified in 1868, indicates in its third paragraph that “No person shall hold public or military office who shall have first sworn to respect the Constitution of the State, and then “Has taken part in any rebellion or disobedience against it, or has given aid and assistance to its enemies.”

Did Trump participate in the insurrection?

There is deep disagreement among constitutional jurists over whether the events of “January 6” represent insurrection, and if so, is there an ambiguity clause in the Constitution that prevents Donald Trump from holding political office again?

David Plait, a historian of the American Civil War at Yale University, says, “Insurrection, if one looks at its definitions, is when a group of people forcefully oppose the authority of the federal government to achieve a major public goal. Is involved in doing.” “And what could be more important than overturning the results of a legitimate election?” ,

He further added, “The mob not only resorted to violence, but also attacked the US Capitol building, breaking down its doors and breaking its windows, resulting in deaths, as well as injuries to dozens of innocent people. It's a miracle because there There weren't many firearms.”

Trump's legal team, on the other hand, argues that the former president was merely exercising his First Amendment right to question the election results, and did not incite anyone to commit violence.

Trump's team also relies on the fact that Trump did not participate in the insurrection, and Section Three of the 14th Amendment is not applicable because Trump was not convicted, and the office of the President does not fall under the 14th constitutional prohibition . Amendment.

Legal experts warn about the political aspect in the Supreme Court's decision, which is most dangerous. While the justices debate these constitutional questions, there is an equally important political question: If the Supreme Court upholds the rulings in Colorado and other states, will it have any impact on American democracy? What if millions of Americans can't cast their ballot for Donald Trump because of a constitutional provision that only a minority of voters have ever heard of?

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