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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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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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