Trump is facing charges in New York for allegedly falsifying business records and defrauding investors. He is also facing charges in Georgia for allegedly pressuring election officials to overturn the results of the 2020 election.
If Trump is convicted of any of these crimes, it is likely that he will be disqualified from holding public office under Section 3 of the 14th Amendment, which bars anyone who has "engaged in insurrection or rebellion" against the United States from holding office.
However, some legal scholars argue that Section 3 is too narrow and does not apply to all crimes. They believe that a constitutional amendment is needed to explicitly bar criminals from becoming president.
A constitutional amendment would be a difficult process, but it is possible. It would require two-thirds of both houses of Congress to pass the amendment, and then three-fourths of the states to ratify it.
If a constitutional amendment is passed, it would send a strong message that the United States will not tolerate criminals in the highest office in the land. It would also help to protect the country from future presidents who may be tempted to abuse their power.
There are a number of reasons why it is important to bar criminals from becoming president. First, criminals have a proven track record of breaking the law. They are more likely to use their power to enrich themselves or to advance their own interests, rather than the interests of the country.
Second, criminals are often untrustworthy. They are more likely to lie, cheat, and steal. They are also more likely to be compromised by foreign governments.
Third, criminals lack the judgment and temperament necessary to be president. They are more likely to make impulsive decisions that could harm the country.
A constitutional amendment to bar criminals from becoming president would be a major step forward for American democracy. It would help to ensure that the highest office in the land is held by someone who is trustworthy, honest, and capable of leading the country.
In addition to barring criminals from becoming president, the amendment could also include other qualifications, such as a certain level of education or experience in government. This would help to ensure that the president is qualified to serve in the office.
A constitutional amendment to bar criminals from becoming president would not be a perfect solution. There would always be some people who would try to circumvent the amendment. However, it would be a significant step forward in protecting the country from future presidents who may pose a threat to democracy.
The Founding Fathers did discuss whether or not a convicted criminal could become President. In Federalist Paper No. 68, Alexander Hamilton argued that the President should be elected by a select body of electors, rather than by the people directly, because it would prevent "the confusion of a multitude" and ensure that the President was someone of "integrity and ability." He also argued that the President should be ineligible for a third term, in order to prevent the concentration of power in one person.
Hamilton did not specifically address the issue of whether or not a convicted criminal could become President, but he did suggest that the President should be someone of "integrity and ability." This suggests that he would have opposed a convicted criminal from becoming President.
Other Founding Fathers also expressed concerns about the possibility of a convicted criminal becoming President. In The Federalist Papers, James Madison wrote that the President should be someone who is "bound by the laws of the country, which will control him in the exercise of his power." He also wrote that the President should be someone who is "responsible to the people for his conduct." This suggests that Madison would have opposed a convicted criminal from becoming President.
An Amendment
The United States Constitution is the supreme law of the land, and it can only be amended through a very specific process. This process is outlined in Article V of the Constitution, and it is designed to make it difficult to amend the Constitution, in order to prevent hasty or ill-considered changes.
There are two ways to propose an amendment to the Constitution:
By a two-thirds vote of both houses of Congress. This is the most common way to propose an amendment. Once an amendment has been proposed by Congress, it is sent to the states for ratification.
By a convention called by Congress at the request of two-thirds of the state legislatures. This method of proposing amendments has never been used, but it is technically still an option.
Once an amendment has been proposed, it must be ratified by three-fourths of the states in order to become part of the Constitution. This can be done in one of two ways:
By the state legislatures. In this case, the amendment must be passed by a simple majority vote in each state legislature.
By conventions in each state. In this case, a convention must be called in each state to vote on the amendment. The amendment must be passed by a majority vote of the delegates at each convention.
The amendment process is designed to be difficult, but it is not impossible. The Constitution has been amended 27 times since it was ratified in 1788. The most recent amendment, the 27th Amendment, was ratified in 1992.
Here is a summary of the steps required to amend the Constitution:
A proposed amendment is introduced in Congress.
The proposed amendment is passed by a two-thirds vote of both houses of Congress.
The proposed amendment is sent to the states for ratification.
The proposed amendment is ratified by three-fourths of the states.
The proposed amendment becomes part of the Constitution.
The amendment process is a long and difficult one, but it is an important part of the Constitution. The Constitution is a living document, and it can be amended to reflect the changing needs of the American people.
-Unlikely Buddha ©2023
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