In the space of a week, two American states, Colorado and Maine, decided to ban Donald Trump from running in the Republican primaries. Why? How do these decisions apply? Can they prevent the former president from being elected again?
– Why could Trump be declared ineligible?
In both Maine and Colorado, senior state officials believe that the tycoon could not return to the White House due to his role in the invasion of the Capitol in 2021.
On that cold January 6, hundreds of his supporters attacked the headquarters of the American Congress, where lawmakers were certifying Democrat Joe Biden’s victory, causing unimaginable chaos.
The authorities in these states considered that that day Trump participated in acts of “insurrection” and that, therefore, he is not eligible for the Presidency under the 14th amendment of the Constitution.
According to Section 3 of the 14th Amendment, “No person shall be a Senator, Representative in Congress, or elect President or Vice President (…) of the United States or any (American) State if, having previously sworn (…) to support the Constitution of the United States , has been involved in insurrection or rebellion against it”.
– Are these decisions applicable? –
The Republican primary season, dedicated to nominating the party’s presidential candidate, will run from January to June.
The historic decisions in Maine and Colorado are only valid for the primaries in these states, scheduled for March 5th. And both were suspended pending a court ruling.
Until the Supreme Court, the country’s highest court, rules on the issue, ballots must include former President Trump’s name in both Colorado and Maine.
– What happens in other states? –
The United States is a federation, which means it is up to each state to decide on Trump’s eligibility.
In recent days, Michigan, Minnesota and California have decided that the billionaire has the right to have his name included on the ballot.
Oregon, in turn, is expected to make a decision on this very soon.
Faced with the possibility of chaos occurring, the Supreme Court was asked to urgently address this explosive issue.
– Can Trump be prevented from being elected? –
Difficult to answer that question. It all depends on whether the Supreme Court will agree to deal with this matter and the scope of its possible decision.
The American temple of law was largely reformed by Trump when he was in power and has a solid conservative majority.
However, more than once he delivered surprising sentences.
Meanwhile, nothing stops the former president from campaigning.
At the same time, Trump faces four charges: in addition to his role in the invasion of the Capitol, he is accused, among other cases, of having bought the silence of a porn actress about an alleged affair between the two, of having stolen confidential documents containing state secrets from the White House and trying to overturn the results of the 2020 elections.
Most of these processes would begin before the November presidential elections.
Currently, it cannot be ruled out that Trump will spend time in prison, nor that he will be able to return to the White House, a completely extraordinary situation.
At every twist and turn of his long legal saga, the tycoon raises absurd amounts of money and advances in the polls because his followers are convinced that he is the victim of a witch hunt.
Trump did not wait to campaign after the Maine decision, decided by a senior Democratic official: “It is worthy of a dictatorship,” commented the former president in an email message, in which he asked for financial contributions to his campaign.