Trial to determine if Trump can be barred from offices reaches far back in history for answers

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A law professor is testifying on how the “insurrection” provision in the U.S. Constitution can bar a presidential candidate from the ballot. The testimony came Wednesday in a Colorado lawsuit to keep former President Donald Trump from running again for his old job.

Judge Sarah B. Wallace presides over a hearing for a lawsuit to keep former President Donald Trump off the state ballot in court Wednesday, Nov. 1, 2023, in Denver. Scott Gessler, attorney for former President Donald Trump, objects to a statement during a hearing for a lawsuit to keep Trump off the state ballot in court Wednesday, Nov. 1, 2023, in Denver.

“It was not intended as punishment,” Magliocca said of the ban. “A number of senators discussed the fact that this was simply adding another qualification to office.”At Colorado funeral home where 115 decaying bodies found, troubles went unnoticed by regulatorsTrump’s attorneys on Wednesday moved for an immediate verdict dismissing the case because the plaintiffs didn’t prove that Trump “incited” the Jan. 6 riot, saying all his action was legal speech.

In a reference to President Joe Biden, he added: “If crooked Joe and the Democrats get away with removing my name from the ballot, then there will never be a free election in America again. We will have become a dictatorship where your president is chosen for you. You will no longer have a vote, or certainly won’t have a meaningful vote.”were organized by two separate liberal organizations, and the Trump campaign has alleged they’re plots by Democrats to short-circuit the 2024 election.

There’s been an explosion of legal scholarship in recent months trying to figure that out. Going through dictionaries and court rulings from the mid-19th-century, Magliocca contended that the ban was implemented even without any congressional procedure, that senators noted it applied to the president and that the definition of an insurrection was simply a large-scale effort to impede the execution of laws.

 

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