Tuesday, January 12, 2021

One Point of Clarification

Gerard N. Magliocca

There is a misunderstanding that I want to address. A Joint Resolution by Congress invoking Section Three as applied to the President would not make him ineligible to run again. The resolution would simply express Congress's opinion that he is ineligible. Courts would ultimately have to rule on whether he is, in fact, ineligible, giving any Joint Resolution due weight. As a result, there would be judicial review and due process of law for the President to say that he is eligible to run again. This is unlike an impeachment conviction, which is final and cannot be challenged successfully in court (for all intents and purposes).


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