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☆ Opinion | The Supreme Court Should Let the States Decide Whether Trump Should Be on Their Ballots
▼ + stars: | 2024-02-07 | by ( Akhil Reed Amar | ) www.nytimes.com time to read: +1 min

The Supreme Court will hear arguments on Thursday about whether Colorado may keep Donald Trump off the presidential ballot because of the storming of the Capitol on Jan. 6, 2021. The justices should seek a ruling that is originalist, modest and respectful of America’s democratic federalism. In particular, they should focus on two phrases: “the first insurrection of the 1860s” and “the fifty-state solution.”The first phrase explains why Mr. Trump’s conduct squarely falls under Section 3 of the 14th Amendment, which bars from any “office, civil or military, under the United States” any important public servant who, after swearing an oath to the Constitution, engages in an “insurrection” or gives insurrectionists “aid or comfort.”The second phrase highlights the Constitution’s well-established structure for presidential elections, blending democracy with federalism. A 50-state solution allows each state to use its own distinct procedures and protocols for applying Section 3.

Persons: Donald Trump, Trump’s Organizations: Capitol, United Locations: Colorado, United States

☆ An America Where Guns Do the Talking
▼ + stars: | 2024-01-30 | by ( Rachel Louise Snyder | ) www.nytimes.com time to read: +2 min

ONE NATION UNDER GUNS: How Gun Culture Distorts Our History and Threatens Our Democracy, by Dominic ErdozainWHAT WE’VE BECOME: Living and Dying in a Country of Arms, by Jonathan M. MetzlLast year, a friend from Brunei visited me in the United States. She is American but was raised in Sudan and has lived in Cambodia and Scotland, among other places. We were talking about the rise in anxiety among teenagers in America when another friend texted me; her daughter had just arrived home from school, where she’d spent the afternoon in lockdown. Are mass shootings, record suicides and endless homicides the new norm even for those of us who aren’t interested in accumulating arsenals? deliveryman knocks on Erdozain’s door, he dives for cover like a “shot fox.” As with the lockdown at my friend’s daughter’s school, the threat abates, but the emotional tremors linger.

Persons: Dominic Erdozain, Jonathan M, Metzl, texted, she’d, “ They’re, Carol Anderson, Michael Waldman, Akhil Reed Amar, we’ve, You’re, deliveryman Locations: Brunei, United States, Sudan, Cambodia, Scotland, America

☆ Opinion | If It Walks Like an Insurrection and Talks Like an Insurrection …
▼ + stars: | 2024-01-30 | by ( Jamelle Bouie | ) www.nytimes.com time to read: +2 min

While we await oral argument in Trump v. Anderson — the Supreme Court case that will evaluate the Colorado Supreme Court’s decision to exclude the former president from the state’s Republican primary ballot — it’s worth revisiting the arguments leveled against the Colorado court’s decision and, by extension, its interpretation of Section 3 of the 14th Amendment to the U.S. Constitution. The first and most important one is that the plot to overturn the results of the 2020 presidential election, culminating in the Jan. 6 attack on the United States Capitol, was not an insurrection. Related to this is the argument that, even if Jan. 6 was an insurrection, it’s still not clear that Donald Trump was an insurrectionist. If that isn’t persuasive, consider the evidence marshaled by the legal scholars Akhil Reed Amar and Vikram David Amar in a more recent amicus brief. They argue that top of mind for the drafters of the 14th Amendment were the actions of John B. Floyd, the secretary of war during the secession crisis of November 1860 to March 1861.

Persons: Anderson —, it’s, Donald Trump, Jonathan Chait, Trump, ” I’ve, Akhil Reed Amar, Vikram David Amar, John B, Floyd, Abraham Lincoln, “, Virginia slaveholder, ” Amar, Amar, Ulysses S, Grant, James Buchanan Organizations: Colorado Supreme, Republican, Colorado, U.S, U.S . Constitution, United States Capitol, Capitol, Colorado Supreme Court Locations: Trump, Colorado, U.S ., New York, Northern, Sumter, South Carolina

☆ How Trump's Senate trial could end with a vote to ban him from ever holding federal office again and kill any chances of a 2024 run
▼ + stars: | 2021-02-09 | by ( Kayla Epstein | Dave Levinthal | ) www.businessinsider.com time to read: +12 min

It's unlikely Republicans would join Democrats to vote to convict Trump who's mulled a 2024 run. But the Constitution allows the Senate to bar an official that lawmakers have convicted in an impeachment trial from holding federal office again. It's also not certain if enough Republicans will vote to convict Trump and trigger the vote to ban him from holding public office again. It's not impossible, but the odds of 67 senators voting to convict Trump are long. Jolly at the time said the House need not worry about what the Senate would do with the impeachment vote.

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