“I will be asking the attorney general’s office for their input,” Secretary of State David Scanlan told the Globe. “And ultimately whatever is decided is probably going to require some judicial input.”
A debate among constitutional scholars over former president Donald Trump’s eligibility for the 2024 presidential race has reverberated through the public consciousness in recent weeks and reached the ears of New Hampshire’s top election official.
Secretary of State David Scanlan, who will oversee the first-in-the-nation presidential primary in just five months, said he’s received several letters lately that urge him to take action based on a legal theory that claims the Constitution empowers him to block Trump from the ballot.
Scanlan, a Republican, said he’s listening and will seek legal advice to ensure that his team thoroughly understands the arguments at play.
It’s not for the courts to decide. If it were, there would be a court-based requirement in the amendment. There is not.
It is a disqualification from office, just as being under the age of 35 is a disqualification from the office of president. No court ruling is required.
Edit: Other people who agree with me:
In case it wasn’t clear enough, the Federalist Society is THE (with capitals T,H,E) society for republican jurists and their members are movers and shakers of the world. I’m not from the US but the influence of US policy permeates into every aspect of life everywhere.
Ok, so hey, Biden said something that sounded seditious… I guess we’ll bar him from running for office… oh don’t worry about it, just trust me he said it…
See why it IS a matter for the courts and not just something random people should be allowed to decide? Or again, do you want this to be wielded as a weapon in the next election against politicians you favor… Because it will. Legally prove him guilty before banning him, otherwise you look like he’s something to fear, and that will only bring more support to his side… but hey, you know I’m sure this will ONLY matter this one election and never be used again or weaponized… That’s exactly how things like this work, right?.. right?
Are you going to ignore the long list of legal scholars he posted? Yeah? Ok, you’re not arguing in good faith.
Four scholars… I’m pretty sure we can find four scholars to agree with pretty much anything, but go on. Appeal to authority is still a logical fallacy.
Well, if Biden ever incites an attack on the Capitol with the goal of overturning the election, then we can bar him from office.
Happy?
Actually, in law, appeal to authority is how the law fucking works. If there’s controlling authority, great. If there’s non-controlling authority that is particularly well thought out, that authority might be adopted whole cloth, or with some caveats. A law journal article, for example, was the source of the “transformation” standard for derivative works under copyright law.
Except you can’t find four legal scholars that agree with you.
Again, if there was a requirement for a conviction, 14A S3 would specify it. It does not.