Law Professor Bruce Ackerman Says Originalism Theory of Interpretation Would Remove Trump from Ballot, But Ackerman Ignores Election Rules of 1868

Renowned Law Professor Bruce Ackerman here writes at Politico that if any U.S. Supreme Court Justice believes in originalism, that Justice must  vote to remove Donald Trump from ballots.  “Originalism” is the judicial theory that the Constitution should be interpreted in line with the framers’ thinking.”

Ackerman appears not to know that when the 14th amendment was written, no one could prevent any candidate from running.  Ackerman would like to see the Supreme Court “prohibit his candidacy”.  He says if the Court is faithful to originalism, “Trump won’t be running.”

The authors of the Fourteenth Amendment obviously did not intend section three to prevent anyone from running.  They knew that government at that time had no means to prevent anyone from running, because there were no government-printed ballots.  Ballots were private.  Clearly, if the Justices use originalism, they will rule that Trump can run, but if he is elected, he can’t be sworn in.


Comments

Law Professor Bruce Ackerman Says Originalism Theory of Interpretation Would Remove Trump from Ballot, But Ackerman Ignores Election Rules of 1868 — 13 Comments

  1. Clearly, they’ll rule he can be sworn in. For one thing, he’s not an insurrectionist, and for another, it’s not up to them to decide, as congress is clearly the body to rule on that.

  2. The entire fake news article is ridiculous, filled with erroneous presumptions from start to finish.

  3. CRIMINAL CONVICTION OF I/R IN USA COURT

    THEN THE 14-3 STUFF

    SO MUCH FOR A *RENOWNED* PROF — WHO LIKELY HAS N-O-T DONE ANY RESEARCH IN 40 PLUS YEARS

  4. JUSTICE WINGER WROTE –

    Clearly, if the Justices use originalism, they will rule that Trump can run, but if he is elected, he can’t be sworn in.

    SEE 236PM ABOVE

  5. AZ IS SO IN LOVE WITH TRUMP AND MAD HE REJECTED HIM. IT IS SO OBVIOUS

    JR
    FIEJHE
    MFTKD4KDE

  6. ONLY BAN TROLL MORON FASCISTS HAVE AN 0.666 IQ LOVE FOR TYRANT TRUMP

    — AND THE ENTIRE ROTTED EVIL/VICIOUS MINORITY RULE REGIME IN THE USA SINCE 1776

  7. WHEN WAS FIRST REPORTED CASE OF A COURT STOPPING AN UN-/ DIS- QUALIFIED CANDIDATE FROM BEING ON A GOVT BALLOT ???

    ESP IN SCOTUS OR A STATE SUPREME COURT. ???

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