Legal experts told Fox News Digital that the theory the 14th Amendment could bar former President Trump from the ballot is 'not simply dubious but dangerous.'
Rep. Troy Nehls, R-Texas, reacts to calls for President Biden to use the 14th Amendment to raise the debt ceiling.could be disqualified from appearing on the 2024 presidential ballot. Several legal experts dismiss that theory as not just implausible but potentially dangerous.
George Washington University law professor Jonathan Turley says there"are good faith arguments in favor of this claim" but he views the theory as"not simply dubious but dangerous." "According to these advocates, Trump can be barred from the ballot without any charge, let alone a conviction, of insurrection or rebellion," Turley said.
Von Spakovsky said that liberals were making the same argument against several conservatives prior to the 2022 midterm elections, citing the January 6 Riots. "In 1872, they passed . . . the Amnesty Act, and it removed the Section three disqualification, with certain exceptions, including anybody who had served in two of the Congresses just before the Civil War, and members of the military, for example, who had been in the Union Army and had served the Confederacy," Von Spakovsky said.
"There are multiple paths to formally carry out Section 3 of the 14th Amendment. The most straightforward way is for state election officials to disqualify Trump from appearing on their state's ballot. No doubt, this will be challenged in court -- but if Supreme Court justices are serious about applying the Constitution's plain words, they will agree with the disqualification."
"I expect the Court to hold that a Presidential candidate cannot be removed from the Presidential ballot without: 1) some sort of enabling legislation passed by Congress that sets up a judicial process for determining whether that candidate has engaged in insurrection or rebellion; and 2) an actual trial under said statute," Wisenberg continued.
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