Prominent conservative legal scholars are increasingly raising a constitutional argument that 2024 Republican candidate Donald Trump should be barred from the presidency because of his actions to overturn the previous presidential election result.

  • NABDad@lemmy.world
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    1 year ago

    I think the point they are making is that the Constitution doesn’t specify that a conviction is necessary.

    It doesn’t say it isn’t necessary either.

    • lily33@lemm.ee
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      1 year ago

      Maybe it doesn’t have to be a criminal conviction - but there must be some process to review the evidence, and establish that the attempt happened.

      • NABDad@lemmy.world
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        1 year ago

        Unfortunately, the Constitution doesn’t specify, which means it would have to be decided by the courts.

        I suppose Congress could create a process. Well, maybe not this Congress. A Congress.