Donald Trump May Be Barred From Running In New Hampshire – A theory published by two conservative scholars is beginning to gain traction, with Republicans opposed to former president Donald Trump exploring the idea of removing him from the ballot in New Hampshire.
Donald Trump Has a Problem
In their article, legal professors and Federalist Society members William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas argued that Trump is constitutionally banned from holding public office.
Their claims relate to the Constitution and Trump’s involvement with the January 6 attack on the Capitol, specifically Section Three of the 14th Amendment.
“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof,” the clause states in full.
New Hampshire is an important state in the electoral cycle given that it’s one of the first major tests for any presidential hopeful.
Republican candidate Bryant “Corky” Messner requested a review from New Hampshire Secretary of State David Scanlan in exploration of whether Trump should be barred from the ballot.
Process Being Reviewed
Scanlan, along with state Attorney General John Formella, said it was “carefully reviewing the legal issues involved” in a joint statement.
“Neither the Secretary of State’s Office nor the Attorney General’s Office has taken any position regarding the potential applicability of Section Three of the Fourteenth Amendment to the United States Constitution to the upcoming presidential election cycle,” they added on Tuesday.
Messner, the GOP nominee for the New Hampshire Senate race in 2020 and an attorney, called the theory “very compelling” in an interview with USA Today, adding that Scanlan was in a “difficult position.” Despite this, he is not actively seeking to disqualify Trump from the ballot, but allow the Supreme Court to decide the former president’s eligibility.
“I think this ought to be nonpartisan, and it ought to be a focus on what the Constitution says,” Messner said. “Of course, once you get into the legal system, it’s an adversarial process, and each side can argue their cases, but ultimately we need a judicial decision.”
Disqualifying Donald Trump is not a universal opinion, with the neutral chair of the New Hampshire GOP, Chris Ager, describing the efforts as an “assault on American democracy.”
“Whatever happened to letting the people decide? Let’s let the people decide, and let’s have a free, fair, open donnybrook of an election, and whoever wins, let’s rally behind them and move the country forward,” Ager said, adding that the state GOP would likely “join a lawsuit with the aggrieved candidate.”
Shay Bottomley is a British journalist based in Canada. He has written for the Western Standard, Maidenhead Advertiser, Slough Express, Windsor Express, Berkshire Live and Southend Echo, and has covered notable events including the Queen’s Platinum Jubilee.
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