Donald Trump is the frontrunner to be the Republican candidate in this year’s US presidential election. But… should he be allowed to run for president? In a few weeks the US Supreme Court will answer this very question.
Let’s talk about this situation in today’s episode!
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Vocabulary
- Election (noun): The formal process of choosing a person for a public office or position, typically through voting.
- The USA will vote for their next president later this year.
- Frontrunner (noun): The leading candidate or contestant in a competition or election.
- Donald Trump is the current frontrunner to be the Republican Party candidate.
- Fraud (noun): Wrongful or criminal deception intended to result in financial or personal gain.
- Trump has been accused of fraud, amongst other crimes.
- Insurrection (noun): A violent uprising or rebellion against a government or authority.
- Many people have argued that the events of January 6th 2021 constituted an insurrection.
- To run (verb): To compete as a candidate in an election; to seek or be nominated for a political office.
- If Trump participated in the insurrection, he may be preventing from running for president.
- Legal Case (noun): A dispute or issue brought before a court for resolution; a matter to be decided by law.
- The case will be heard by the Supreme court in February.
- Campaign (noun): A series of organized activities, events, or efforts with a particular purpose, especially a political or social cause.
- The future of Trump’s campaign will be decided by the Supreme court.
The 2024 US Election
In November this year, the USA will once again vote for its leader. The US presidential election captivates millions of people around the world, not just in the USA, due to the immense power and high-profile of the position.
While you don’t have to necessarily belong to a political party to run for US president, the race is always a competition between two candidates from the two main parties: the Republican party and the Democratic Party.
The Democratic Party, or the Democrats for short, are currently led by Joe Biden, the incumbent president. Incumbent means “currently holding office” and is often used to refer to leaders.
Right now, the Republican Party have just started the process to select their next presidential candidate.
Iowa and the Primaries
The US political system might be different to way your country manages elections. It is certainly very different from the UK.
In order to select the candidates for the presidential election, the two major political parties organise “primary elections” in each of the 50 states that make up the USA.
Through these “primaries” the members and supporters of the Republican and Democratic Parties can help select their party’s candidate. The overall winners of the primary elections held become the official candidates of their respective parties in the next general election.
Primaries can either be held as simple elections or as “caucuses” which involve more open discussions and group voting.
This process has just kicked off for the 2024 election. While the Democrats are almost certainly choosing Joe Biden, the Republican primaries are much more exciting.
In the Iowa caucus last week, Trump dominated all the other Republican candidates and received around 50% of the vote.
He defeated Republican rivals Ron DeSantis (the governor of Florida) and Nikki Haley (the former UN ambassador).
Trump’s campaigns and promises have focused on issues like inflation, rising energy costs, migrants crossing the border with Mexico, and the conflicts raging in Ukraine and the Middle East.
It looks likely Trump will be selected as the Republican presidential candidate, and with current president Joe Biden having a low approval rating, he may have a good chance at winning the presidential election later this year.
However, there is one problem. Trump might not be allowed to become president again!
Trump’s Complicated Legal Situation
Donald Trump is a controversial character. I’ve done many episodes on his legal issues over the past months and years but let me list them again.
The state of New York is accusing Trump of major fraud for lying about the value of his properties in order to lower his tax bills or get bigger loans.
The New York district of Manhattan is accusing Trump of illegally making up business transactions.
The US justice department is investigating Trump for removing and then keeping secret government documents at his house in Florida, and then lying about their possession.
In Georgia he is accused of election subversion and racketeering (I released an episode on this about 6 months ago). The US justice department is also pursuing a similar case.
And, at the same time, he is also being sued in civil court by the writer E. Jean Carroll who accuses Trump of defamation and sexual assault.
All of these legal cases potentially have severe consequences for Trump including prison time, massive fines, and the end of his business empire.
Fourteenth Amendment
However, the biggest risk to his presidential campaign currently comes from an interpretation of the fourteenth amendment of the US Constitution.
The U.S. Constitution is the supreme law of the United States. It was written in 1787 and outlines the structure of the federal government, defines the powers and responsibilities of the government, and protects individual rights and freedoms.
An amendment is a change or addition to the Constitution.
The fourteenth amendment was passed after the US civil war when the country was trying to rebuild. It was mainly designed to address the rights and citizenship of former slaves following the American Civil War.
Insurrection is a term used to describe a violent uprising or rebellion against a government typically by a group of people seeking to overthrow or resist established rule.
Has Trump participated in an insurrection?
Possibly!
The Events of Jan 6th 2021
On January 6, 2021, a violent incident, described by many as an insurrection, occurred at the United States Capitol in Washington, D.C. On that day, a session of Congress was organised to confirm the results of the 2020 United States presidential election.
A large crowd of supporters of then-President Donald Trump gathered near the Capitol, and some individuals breached the security barriers and stormed into the Capitol building. Rioters vandalized offices, stole items, and clashed with police officers.
The events of January 6, 2021, were widely condemned as an attack on democracy and the rule of law. In the days following the attack, President Trump was impeached by the House of Representatives for “incitement of insurrection,” making him the first U.S. president to be impeached twice. The Senate later acquitted him.
However, the argument is still out there that January 6 th was an insurrection and Trump participated in that insurrection. If this is the case, he would not be allowed to be president again!
The States Banning Trump From Running for Presidency
On December 19th, the top court in the US state of Colorado decided Trump was not allowed to run for presidency in the State. The decision followed an earlier court ruling in Colorado that found Trump had participated in an insurrection.
A few days later, the state of Maine also stopped Trump from running for president. The reason, according to the Maine Secretary of State, was Trump had engaged in an insurrection.
In over 30 of the 50 states in the USA, similar cases are currently in the legal systems. Florida, Michigan, and Minnesota have already thrown out the cases, but other states could follow in the footsteps of Maine and Colorado.
The decision, however, will ultimately be with the US Supreme Court. At the beginning of February, the court will hear the first arguments in the case known as Trump v. Anderson.
They will decide whether or not Trump can run for president again!
The Arguments
On the one side, the court will hear that Trump engaged in an “insurrection” by falsely claiming the 2020 election was rigged and inciting the January 6 Capitol riot.
If Trump’s attempt to overturn the 2020 election is seen as a direct attack on the US democracy and as violating the 14th amendment, Trump should be prevented from running for president.
Some of the arguments for letting Trump run for president include the right to free association (which is part of the first amendment to the US constitution) and that Trump was not an officer of the US which means the fourteenth amendment doesn’t apply in this case. These arguments are relatively weak.
There are stronger arguments, however.
Perhaps the strongest argument is that Trump has not been found guilty of participating in an insurrection. A decision to stop him from running for president before actually being convicted of that crime would be extreme.
The Supreme Court is also reluctant to get involved in elections, and with Trump the leading Republican party candidate this would be a serious involvement. Removing Trump from the election would also stop millions of Americans voting for the person they want to vote for.
There are also technical arguments that the case against Trump wasn’t carried out properly.
Whatever happens, the supreme court needs to act fairly and with integrity in their decisions over this case. The public reaction and interest will be strong, and it requires a new understanding of the US constitution and amendments.
Final Thought
The road to this year’s US presidential election will be fascinating. Donald Trump is both mounting a strong campaign and has massive legal troubles.
A number of states are saying he can’t run because he might have been involved in the Capitol incident (and possible insurrection) back in January 2021.
The Supreme Court will soon decide if he can run again, across the whole country. The debate hinges on interpreting the fourteenth amendment and raises crucial questions about balancing democracy and individual rights.
The court’s decision will not only impact the US’s political situation and cause a massive public reaction, but also test the US constitution.
What do you think? Should Trump be allowed to run for President of the USA again?
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The Supreme court will never be able to exclude Trump to run as President, as you said in the podcast, at the moment it lacks a condemn against Trump for the Capitol Hill’s events. There are only accusations and the fourteenth amendment requests a concrete e proved fact, according with general justice principles.
It is true, the Supreme Court is in a large part composed by judges nominated by a republican president, Trump included, as well as it is true that all the trump’s massive legal troubles were promoted by procurators elected on democratic party’s side. This dependence of the justice by the political side shows a limit on the American constitutional system.
I think that finally Trump will run and this is the best Biden’s insurance to be reelected. Any else republican candidate, in my opinion, would win against a candidate like Biden, who looks old and tired, sometimes almost ridiculous. But the polarization which Trump produces on the electorate would be able to favorite Biden in the presidential run, also because as well Trump looks old and tired and, surely, more ridiculous.
My final thought is that the american leadership today is the weakest ever, independently who will win the elections between Biden and Trump. That’s a great trouble for the whole world which would need a strong drive with many international conflicts, starting with Ucraine and Israel.
It is difficult to express an opinion on such a controversial issue. It is true that Trump has managed to polarize American society, but it also happens in other countries. I believe that currently, in many countries, society is totally polarized, and this is due to the lack of credibility of politicians, their lack of honesty and the fear they provoke in citizens. I hope the Supreme Court of USA makes the fairest
I believe that Trump should not run for president again because he has power over people, which he does not use correctly. He must be held accountable for his crimes.