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☆ Colorado Trial Will Consider Whether the 14th Amendment Disqualifies Trump
▼ + stars: | 2023-10-30 | by ( Maggie Astor | More About Maggie Astor | ) www.nytimes.com time to read: +1 min

Judge Wallace has laid out nine topics to be addressed at the trial, which is scheduled to last all week. These questions have been debated since the Jan. 6 attack, especially since Mr. Trump announced that he was running for president again, but there is little precedent to help answer them. The 14th Amendment was ratified shortly after the Civil War, and the disqualification clause was originally applied to people who had fought for the Confederacy. The courts have rarely had occasion to assess its modern application, and never in a case of this magnitude. But that view is far from universal among legal scholars, and several have told The New York Times over the past few months that the questions are complicated.

Persons: Wallace, “, Trump, William Baude, Michael Stokes Paulsen, J, Michael Luttig, Laurence H . Organizations: Confederacy, New York Times

The theory has been gaining momentum since two prominent conservative law professors published an article this month concluding that Mr. Trump is constitutionally disqualified from running for office. But even advocates of the disqualification theory say it is a legal long shot. If a secretary of state strikes Mr. Trump’s name or a voter lawsuit advances, Mr. Trump’s campaign is sure to appeal, possibly all the way to the Supreme Court, where the 6-3 conservative majority includes three justices nominated by Mr. Trump. But New Hampshire has jumped out as the early hotbed of the fight. The New Hampshire Republican Party said this week that it would challenge any effort to remove Mr. Trump, or any other candidates who have met requirements, from the ballot.

Persons: Trump, ”, Laurence H ., you’re, Marjorie Taylor Greene Organizations: Mr, Harvard, New Hampshire Republican Party Locations: In Arizona, Michigan, Georgia, But New Hampshire

☆ Opinion | The Impasse Over Raising the Debt Limit
▼ + stars: | 2023-05-10 | by ( ) www.nytimes.com time to read: +1 min

And increasing the national debt is then inexorably part of the budgeting process. So these legislators are well aware of the increase in debt they are supporting. That makes the whole notion of a “debt limit” ludicrous on its face. If they don’t want the debt to increase past a certain point, then raise taxes, reduce spending, or both. I doubt that many parents would respond to such a threat by “negotiating.”Fred KamenyChapel Hill, N.C.To the Editor:Re “Why I Changed My Mind on the Debt Limit,” by Laurence H. Tribe (Opinion guest essay, May 8):There is one more argument for overriding the debt ceiling: It will make the congressional budget-making process more honest.

☆ Opinion | Why I Changed My Mind on the Debt Limit
▼ + stars: | 2023-05-07 | by ( Laurence H. Tribe | ) www.nytimes.com time to read: +1 min

Over the years, Congress has raised the debt ceiling scores of times, most recently two years ago, when it set the cap at $31.4 trillion. If the president caves to their demands, they will agree to raise the cap — until this crisis occurs again. Then, they will surely pursue the same game of chicken or, maybe more accurately, Russian roulette. Section 4 of the 14th Amendment says the “validity” of the public debt “shall not be questioned” — ever. Proponents of the unconstitutionality argument say that when Congress enacted the debt limit, effectively forcing the United States to stop borrowing to honor its debts when that limit was reached, it built a violation of that constitutional command into our fiscal structure, and that as a result, that limit and all that followed are invalid.

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