Law Professor Derek Muller Says Some States Print the Names of Unqualified Presidential Candidates on the Ballot

Law Professor Derek Muller has this essay, pointing out that just because a judicial determination is someday made that Donald Trump is ineligible to run for president in 2024 due to Section Three of the 14th amendment, it doesn’t follow that he will be kept off 2024 ballots.

Section Three of the 14th Amendment says, “No person shall…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…to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same.”

Some scholars have been saying that former President Trump may therefore not be eligible to be president again. But Professor Muller points out that just because someone is ineligible to be president, it doesn’t follow that he or she won’t be allowed on the ballot. In 1892, the Prohibition Party nominee for vice-president, James B. Cranfill, was under age 35, but every state except South Dakota printed his name on government-printed ballots (except for the states that didn’t yet have government-printed ballots). Everyone knew that Cranfill was under-age. He and the Prohibition Party made no secret of his age. But he wasn’t barred from the ballot in any state on those grounds, because back then everyone understood that the true candidates in November are the candidates for presidential elector.

His name was not on the ballot in South Dakota because the entire Prohibition Party ticket was absent from the South Dakota ballot in 1892, because the state officers of the party were sympathetic to Republican nominee Benjamin Harrison, so they didn’t file the paperwork for the Prohibition nominees to be on the ballot.

If Trump is the Republican nominee in 2024, but he has been ruled ineligible under the 14th amendment, section 3, it would be the job of Congress in January to reject the electoral votes for Trump on the grounds that Trump is not eligible. Congress refused to count the electoral votes for Horace Greeley in 1872 on grounds that he was ineligible (because he had died after the November election but before the electors met in December).


Comments

Law Professor Derek Muller Says Some States Print the Names of Unqualified Presidential Candidates on the Ballot — 16 Comments

  1. Oh geez, Donald Trump did NOT engage in insurrection or rebellion. 1/6 was a Deep State manipulated psyop. The crowd of “insurrectionists” was filled with undercover FBI agents, and the Capitol Police were ordered to let people inside the Capitol. There are even pictures of Capitol Police holding the door open. Very little damage was done, and out of what little damage was done, it was likely all done by undercover federal agent provocateurs.

  2. If January 6 was an insurrection then why was nobody prosecuted for insurrection?

  3. 14 AMDT – 3 — REQUIRES A CONVICTION ???

    GOOD LUCK IN GETTING ANY IMPARTIAL JURY — HAD TO BE AT BOTTOM OF OCEAN —

    TOTALLY OUT OF COMM.
    —-
    14-3 ENFORCED AGAINST HOW MANY 1861-1865 CONFEDS ???

    2-2-1 PREZ PARDON POWER AFFECTED ???

  4. To add on, the Socialist Workers Party some years have had their nominees be intentionally ineligible to hold the position. Nicaraguan-born Roger Calero was their presidential nominee in 2004 and 2008. Some states per Wikipedia the stand-in candidate was James Harris due to it saying Calero could not be listed. The 2008 ticket was Calero with Alyson Kennedy, who likewise was ineligible at the time due to not yet being 35 years old.

  5. Andy, if you are correct, then President Trump should be happy to let the evidence into the record. Instead he is fighting in court to withhold the evidence from the House Select Committee that is investigating January 6. If you were innocent, you would surely want every bit of evidence to be revealed.

  6. The committee is completely a political exercise. They don’t care about the truth.

  7. Obviously Richard Winger is a communist who hates Trump. Dementia Biden should be ineligible because he’s clearly a traitor, but commies like Winger love him.

  8. The evidence being sought by the House Select Committee will be a public record that anyone will be able to see. So if the evidence exonerates Donald Trump, that will help him in the court of public opinion. But he is fighting to keep it secret, which is not what an innocent person would do.

  9. 18 U.S. Code § 2383 – Rebellion or insurrection

    Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.

    (June 25, 1948, ch. 645, 62 Stat. 808; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)
    —–
    18 U.S. Code § 2384 – Seditious conspiracy

    If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.

    (June 25, 1948, ch. 645, 62 Stat. 808; July 24, 1956, ch. 678, § 1, 70 Stat. 623; Pub. L. 103–322, title XXXIII, § 330016(1)(N), Sept. 13, 1994, 108 Stat. 2148.)
    ———-
    How many indictments and informations re 6 Jan 2021 riot+++ ???

  10. How much Trump gang CONTEMPT of the RED commie Donkeys in the USA regime ???

    Still amazing that Trump did NOT pardon himself and Trump gangsters at 11:59 AM on 20 Jan 2021.

  11. The events of January 6 were a set-up designed to impeach and prevent Donald Trump from running again in 2024. Trump endorsed a peaceful protest in front of the Capitol. Instead the FBI led people into the Capitol and the Capitol police let them in. Some FBI agents fought with the police to make the protest appear violent. The only people who should be prosecuted are the FBI agents and the Capitol police who orchestrated the whole thing. The black Capitol police officer who murdered an unarmed white woman should be prosecuted to the full extent of the law with an added hate crimes charge. He was so reckless and inept he previously left a loaded firearm in a public bathroom.

    The Democrats thought they could use this to impeach and convict Trump in the Senate to prevent his running in 2024 but they lacked the votes. There weren’t quite enough stupid Senate Republicans to fall for the obvious trick and political theater. The January 6 commission is simply a continuation of these efforts. The Democrats know they didn’t rightfully win in 2020 and that they cannot defeat Trump in 2024 without another massive fraud effort so they are trying to jam him up in another way to prevent him from running in the first place.

    The Democrats are clearly the party of the swamp and they will do whatever they can, by hook or by crook, to protect the swamp from Trump.

  12. https://clerk.house.gov/Votes

    Oct 21, 2021, 04:09 PM | 117th Congress, 1st Session
    Roll Call Number: 329 | Bill Number: H. Res. 730
    Vote Question: On Agreeing to the Resolution
    Bill Title & Description: Recommending that the House of Representatives find Stephen K. Bannon in contempt of Congress for refusal to comply with a subpoena duly issued by the Select Committee to Investigate the January 6th Attack on the United States Capitol
    Vote Type: Yea-And-Nay
    Status: Passed

    Votes
    yea: 229 — INCL 9 R
    nay: 202
    present: 0
    not voting: 1

  13. Biden just said he was vice president for 36 years. That’s the man Richard Winger supports.

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