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The Supreme Court Needs to Decide These Trump Cases ASAP to Prevent a Jan. 6 Repeat

Summary

This article argues that the Supreme Court needs to decide whether Donald Trump is eligible for a second presidential term as soon as possible. The 14th Amendment's disqualification clause could disqualify him due to his involvement in the January 6th Capitol Riot, and two cases in Colorado and Minnesota are rapidly moving to the Supreme Court for a decision. If the court delays its decision, it will be too late for the first Republican primary on February 24th, and the nation will be split into two parts in the coming campaign for the White House. If the court does not act quickly, it could lead to a constitutional crisis on January 20th, 2025, when the next president is required to take the oath of office. The author argues that the Supreme Court is the only institution that can prevent this crisis, and urges them to act before it is too late.

Q&As

Does the Constitution bar Donald Trump from running again for the presidency?
Yes, the Constitution bars Donald Trump from running again for the presidency.

What is the key provision for determining if Trump is disqualified from a second term?
The key provision is Section 3 of the 14th Amendment, which prohibits “any person” from holding “any office” if they have sworn to uphold the Constitution “as an officer of the United States” and have subsequently “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

What is the implication of the Supreme Court not making a decision on Trump's eligibility by mid-February?
If the Supreme Court doesn't resolve the question of Trump's qualifications by mid-February, different states will reach different decisions on whether Trump is qualified for a second term as president, which will split the nation into two parts in the coming campaign for the White House.

What is the procedure for determining a president when no candidate has a majority of electoral votes?
When no candidate has a majority of electoral votes, the 12th Amendment gives the job of choosing the president to the House, and the House must apply a special rule for selecting a president. This rule is that "the votes shall be taken by states, the representation from each state having one vote."

What is the consequence of the Supreme Court not acting quickly on the Colorado and Minnesota cases?
If the Supreme Court does not act quickly on the Colorado and Minnesota cases, it will provoke a constitutional crisis once the polls close and each state decides who won the election. This could lead to a three-candidate race and a shattering tragedy on Jan. 20, 2025, when the next president is required to take the oath “to preserve, protect, and defend the Constitution of the United States.”

AI Comments

đź‘Ť This is an incredibly important and timely article that lays out the potential consequences of not making a clear and decisive ruling on Trump's eligibility for a second term in office.

đź‘Ž This article fails to consider the potential ramifications of a swift ruling by the Supreme Court and how that could affect the outcome of the 2024 presidential election.

AI Discussion

Me: The article is about the Supreme Court needing to decide some Trump cases as soon as possible in order to prevent a repeat of the Capitol Riot. It talks about how the 14th Amendment disqualifies Trump from a second term if he has engaged in insurrection or rebellion against the United States. It also discusses how the Supreme Court needs to make a decision by mid-February in order to avoid a three-candidate race in the 2024 election.

Friend: Wow, that is a really important article. It sounds like the Supreme Court has a really tough decision to make.

Me: Absolutely. The article raises some really interesting implications. It suggests that if the Supreme Court doesn't make a decision soon enough, it could lead to a split between states on whether Trump is qualified for a second term, which could cause a constitutional crisis on Election Day. It also suggests that if the three-candidate race does take place, House Republicans could have the power to decide the president, even if Biden wins the popular vote. That would be a really chaotic situation.

Action items

Technical terms

Jurisprudence
The study of law and the principles underlying legal systems.
14th Amendment
An amendment to the US Constitution that was ratified in 1868 and prohibits states from denying any person “life, liberty, or property, without due process of law” or to “deny to any person within its jurisdiction the equal protection of the laws.”
Section 3
The third section of the 14th Amendment, which states that no person who has “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof” shall be allowed to hold any office in the United States.
Primary
An election in which voters select a candidate to represent their party in a general election.
Super Tuesday
The Tuesday in March when the most states hold their primary elections.
Delegates
Representatives of a political party who are chosen to attend a party convention and vote on behalf of their state.
Oath
A solemn promise to be loyal to a person, group, or cause.
Electoral College
The body of electors chosen by the states to elect the president and vice president of the United States.
Insurrection
An organized uprising against an authority or government.

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