14th Amendment Cannot Prohibit Trump From Serving Again

Dear Editor,

This is in response to people who claim Trump is ineligible to hold office. Pro-Trump attorneys argue POTUS isn’t an officer and therefore the 14th Amendment cannot prohibit him from serving again. Anti-Trump attorneys and a few state governments are citing this section of 14th Amendment to bar Donald Trump on its primary ballot. Both are spouting nonsense.

The conduct of primaries of a political party is a private function since political parties are private entities. A political party has discretionary authority to decide the process on how its own nominee for any particular office is selected.

Since general elections are public functions, any candidate can be barred from competing if he/she fails to meet eligibility requirements. If Trump engaged in an insurrection or If he gave aid and comfort to those who engaged in such, that is a crime. Since he has not been convicted as of yet,Trump must remain on the November 2024 ballot.

Courts cannot decide primary ballot candidacy. They can only affirm the right of a political party, according to its by-laws, to choose its own methods in the choosing of its nominee.

To establish clarity in the entire election process, the end game should be representative governance. The process to achieve it is De-Attornification.

– Harsha Sankar / Covington

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