Dean Obeidallah: Constitutional Law expert: Trump will be an "illegitimate" President / barred from office by 14th

[Dennis Donovan]

Dean Obeidallah - Constitutional Law expert: Trump will be an “illegitimate” President given he's barred from office by 14th Amendment

Trump engaged in an insurrection

Dean Obeidallah
Jan 05, 2025

Imagine a very popular 25-year-old--who was born in another country--won the election for U.S. President and was sworn in. Would that election victory override Article II of the US Constitution that mandates, “No person…shall be eligible to the Office of President” if not a “natural born Citizen” and having “attained to the Age of thirty five Years”?!

Of course not. The only way that person could be a legitimate President is if those provisions of the Constitution were amended before taking the oath of office. The real-world impact would be that any actions taken by this constitutionally barred person while in office would be invalid.

That’s not just my view but also instructively the analysis provided by constitutional law expert John Bonifaz—who serves as President of Free Speech For the People, a non-partisan organization dedicated to defending our Constitution.

With respect to Donald Trump, Bonifaz explained bluntly that given the court rulings finding Trump engaged in an insurrection in violation of Section 3 of the 14th Amendment, he will be an illegitimate president--unless Congress votes before he is sworn in to lift this constitutionally mandated prohibition.

Taking a step back, I have written repeatedly over the past few years that Trump engaged in an insurrection with his attempted coup and Jan. 6 attack. In August 2023, I even led a campaign urging people to email their Secretary of States urging them to disqualify Trump from the ballot. This issue has always been one of vital importance to me given it’s about protecting our nation from a man who attempted a coup and incited a terrorist attack.

/snip

[Irish_Dem]

1. The illegitimate president of the United States.

Should be the only title we give him.

[yellow dahlia]

10. I did not consider him to be my president in 2016 either.

[Trueblue1968]

12. Put him in jail like they did in the movie .... My fellow americans. They jailed the crooked vp.

Trump is a crook too.

[Irish_Dem]

14. A true psychopath criminal.

His list of crimes is endless.

[no_hypocrisy]

2. Should we give him an asterisk (*) like Roger Maris?

[RainCaster]

6. and Pete Rose

[bucolic_frolic]

3. "lift this constitutionally mandated prohibition" should be put to a vote in Congress

You know he would win, because Democrats won't want to be targeted. But Republicans should want a vote too so they can wave the green flag forever. Yet nothing will happen. So this uneasy, wall-of-worry, illegitimacy will persist forever.

[nilram]

15. Seems to me a vote wouldn't be enough

Until another amendment was passed. But I'm not a constitutional law scholar.

[roamer65]

18. Congress can't change constitutional amendments, correct sir.

38 state legislatures would not vote to make any change to the 14th.

[sarisataka]

20. If you read the Amendment,

the last line says, re: disqualification from office

Congress may by a vote of two-thirds of each House, remove such disability.

[Kid Berwyn]

4. Exactly.

And we need to remember that John Roberts is a co-conspirator in treason.

[Silent Type]

5. Constitutional Expert isn't going to save us from trump at this point, unfortunately.

[Unladen Swallow]

8. Yeah, I'm in this same boat

I don't think anything can stop it now

[Unladen Swallow]

7. If he's barred from taking office

then what happens?

[Meowmee]

11. Another thing that will never happen

[Scrivener7]

13. If only there was a government department that could enforce such things and mete out justice where it is needed.

[nilram]

16. curses! foiled again

[Southern_gent]

17. The kid holding his breath and turning red

This situation resembles a child holding their breath in defiance until they pass out. We must confront the reality that Trump will occupy the White House for the next four years. Denying this fact or indulging in wishful thinking will only leave us unprepared and vulnerable.

To mount an effective opposition, we need to assess the political landscape honestly. What strategies have been effective for his administration? Where have we fallen short in addressing voter concerns? Without this clarity, we are merely reacting instead of planning strategically.

Accepting reality doesn’t mean resignation; it means equipping ourselves with the knowledge and tools necessary to engage effectively in the political process. It involves identifying weaknesses in our approach, building stronger coalitions, and presenting compelling alternatives to current policies. Ignoring the facts or refusing to adapt ensures failure. Acceptance is the first step toward meaningful action.

[Takket]

19. yeah sure, buddy. Tell it to SCOTUS LOL