Excerpted from Biden vs. Trump: The Makings of a Constitutional Crisis
by Bruce Ackerman, Sterling Professor of Law and Political Science at Yale University
and Gerard Magliocca, Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law
First published 1 February 2022 on Politico
[ Editor’s note: Go to Politico and read this engrossing piece in its entirety. Scroll down beyond the popups, put your thinking cap on, and read on about the heart stopping ins and outs of the 2024 election that lurk beyond the hairpin turns on the mountainside. Contemplate what our global adversaries will be doing while America is taking a constitutional recess from its podium of superpower, i.e. diddling around in the back room.
Some Americans seem to be playing with fire, throwing the “civil war” concept around. That would only be survivable in a cartoon universe. Civil wars have long lasting multigenerational fallout.
But Professors Ackerman and Magliocca lay out a direction for the courts to take that would clarify the Disqualification Clause (Section 3 of the 14th Amendment), and scrutiny from which Trump cannot escape. Erica P. Wissinger ]
Donald Trump is already signaling that he will run for president in 2024… The next election will provoke a genuine constitutional crisis, unless decisive steps are taken soon to prevent it….
… if Joe Biden’s term expires on Jan. 20, 2025 before Congress has designated a clear successor, the speaker becomes acting president until the House acts decisively.
This is a recipe for disaster. America will be governed by a temporary caretaker president while Democrats and Republicans denounce each other’s nominee on Capitol Hill.
Trump and Biden will both present themselves to Chief Justice John Roberts on Jan. 20 to take the oath of office — but so will the speaker of the House. How will Roberts resolve his trilemma?
American history provides no precedent — yet he must choose. But will other government officials accept his choice?
Most importantly, the chair of the Joint Chiefs of Staff must agree with him. Otherwise, the armed forces will recognize a different president as their “commander in chief.”
Unless he and Roberts agree, Democratic and Republican loyalists will demonstrate throughout the nation, insisting that their candidate rightfully belongs in the White House.
American democracy may never recover from this collapse of the rule of law.
… Justice Neil Gorsuch authored an opinion in 2012 that explicitly upheld a state’s “legitimate interest” in excluding presidential primary “candidates who are constitutionally prohibited from assuming office.”
Will he and his fellow conservatives redeem their own commitment to the Framers of the 14th Amendment by taking a case onto their docket that makes it clear that Trump cannot put himself above the Constitution?
Or will the court pretend that nothing extraordinary is happening and allow the country to stumble into the abyss?
Read the article at,
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.