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

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. turned to distant history on Wednesday, when a law professor testified about how the post-Civil War provision was indeed intended to apply to presidential candidates.

“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.” “A fake trial is currently taking place to try and illegally remove my name from the ballot,” Trump said. That section bars anyone from Congress, the military, and federal and state offices if they previously took an oath to support the Constitution and “have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.” It does not specifically name the office of president, but instead reads “elector of president and vice president.”that have rarely, if ever, been aired in courtrooms before the Jan.

 

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