“In the 60 years I’ve been practicing and teaching law, I’ve never seen a decision that’s so anti-Democratic and so un-Constitution; it is absurd,” Dershowitz told co-hosts Emma Rechenberg and Jon Glasgow. “The idea that the 14th Amendment was supposed to substitute for the impeachment provision, carefully drafted by the framers, is wrong.”
The 14th Amendment stipulates the process, which clearly says Congress shall have the power to ensure that a person cannot run for office, Dershowitz continued.
“If you want to impeach a president, if you want to make him not be able to run in the future, there’s a provision. It requires a two-thirds vote of the Senate,” he said. “But the idea that the framers of the 14th Amendment intended to circumvent that carefully drawn provision and simply allow any state to make up grounds for denying him the right to be on the ballot undercuts democracy.”
[I have my own thoughts on that today. I am looking forward to Dershowitz laying out his arguments at his Substack later. I’ll link it when it goes live. — Ed]
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