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10 November 2023 / Athelstane Aamodt
Issue: 8048 / Categories: Opinion , Constitutional law , International
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Can Donald Trump stand again?

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Athelstane Aamodt considers whether the US Constitution can put the brakes on the Trump campaign

Although it remains a deeply impressive and important document, there are some undeniable defects with the Constitution of the United States. One of its most glaring errors is that while it sets out various qualifications to be President (he or she must be 35 years or older, must be born in the US, etc), it does not prevent a person convicted of a felony from being eligible to hold that office. This is a strange omission when one considers that the Constitution even makes it clear that there is no religious test for holding public office in the US (Article VI, Clause 3). Why then did a ‘criminal test’ not enter James Madison’s mind when he was drafting the Constitution between 1787 and 1789?

Trump’s second term?

This omission is now being much-discussed given all of the impending criminal trials that Donald Trump faces. Even if he was convicted and imprisoned, he would, if elected,

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The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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