Controversy Surrounding Presidential Disqualification and the 14th Amendment
As the 2020 presidential election approaches, questions are being raised regarding the interpretation of the 14th Amendment and its potential impact on the disqualification of presidential candidates. Two Supreme Court Justices, Justice Kagan and Justice Jackson, recently expressed skepticism about the idea that the 14th Amendment was intended to disqualify presidential candidates, in light of its explicit language stating that only officers could be disqualified.
During a recent hearing, arguments were presented questioning why a single state should have the authority to determine who can become president of the United States. It was mentioned that the framers of the Constitution were concerned about the possibility of charismatic rebels rising through the ranks and even attaining the presidency. However, critics argued that if this was a significant concern, one would have expected the framers to explicitly include the position of the president in the list of individuals disqualified under the 14th Amendment.
Opponents stressed the importance of democracy and questioned why any ambiguity in the interpretation of the amendment should be construed against it. Justice Jackson specifically emphasized the importance of democracy, stating that although she may not know everything, she certainly understands the essence of democracy.
It is worth noting that while these arguments were made in relation to the specific case of President Trump being disqualified from the presidential ballot in Colorado, they have broader implications for the future. If the Supreme Court were to decide that Colorado did not have the authority to exclude President Trump based on procedural grounds, this particular case might be resolved. However, speculation arises that if President Trump were to win the upcoming election, and the Democrats were to retake the House and maintain control of the Senate, they could potentially vote to disqualify him from the presidency before he even takes office.
The potential consequences of such a scenario have raised concerns among legal experts and commentators. They highlight the importance of clarifying the interpretation of the 14th Amendment and establishing a more definitive understanding of the disqualification process for presidential candidates.
It remains to be seen how the Supreme Court will ultimately rule on the issue and whether it will have a lasting impact on the disqualification of presidential candidates in the future. As the debate continues, the legal framework surrounding this matter may be subject to further scrutiny, potentially prompting action from Congress to provide clarity on the matter in the future.
