Simone Lawson
In 2019, California passed a law requiring presidential candidates to release tax returns to be eligible to appear on a primary ballot. This law was widely seen as a political attack on Donald Trump, who has refused to release his tax returns. In March 2024, the U.S. Supreme Court unanimously ruled that individual states cannot remove Trump from their ballots based on the 14th Amendment, stating that only Congress can disqualify presidential candidates under the Constitution's Insurrection Clause. This ruling overturned a previous decision by the Colorado State Supreme Court, which had ruled that Trump should be removed from the Republican primary ballot due to his role in the January 6 insurrection. The debate over whether states have the authority to interpret constitutional matters and set their own requirements for presidential candidates continues, with some arguing that it sets a dangerous precedent.
| Characteristics | Values |
|---|---|
| Reason for keeping Trump's name off the ballot | Refusal to release tax returns |
| Number of states considering similar laws | 18-20 |
| Constitutional argument | States can regulate the manner of elections |
| Legal argument against the law | Violates the presidential Qualifications Clause and the First Amendment of the Constitution |
| Supreme Court ruling | Only Congress can remove Trump from the ballot |
| Trump's response | Challenging the ruling |
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What You'll Learn
The US Supreme Court's stance
The US Supreme Court ruled that states cannot disqualify former President Donald Trump from the ballot for his role in the January 6, 2021, attacks on the US Capitol. The 9-0 ruling was the first of its kind in the Court's history regarding the insurrection clause in Section 3 of the 14th Amendment.
The Amendment, enacted after the Civil War, states that no one may hold federal or state public office if they have taken an oath to protect the Constitution and then "engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof." The Supreme Court's ruling reversed the Colorado Supreme Court's decision that Trump was ineligible to run for or hold federal office, removing him from the state's primary ballot. The Supreme Court held that only Congress, not individual states, could enforce Section 3 of the Amendment.
While all nine justices agreed that Colorado could not remove Trump from the ballot, four justices disagreed with their colleagues deciding on the matter of enforcement. They argued that the majority should not have decided who could enforce Section 3 and how. The Supreme Court's ruling also overturned decisions in other states, including Maine and Illinois, where Trump had been deemed ineligible to appear on the ballot.
The Supreme Court's decision was met with criticism by some, who argued that the Court lacked historical insight and did not adequately consider the policy and aspirational arguments. However, others praised the ruling, with Trump's supporters calling the previous efforts to keep him off the ballot "nonsense" and "election interference." The Supreme Court's stance sets a precedent for addressing an area of US governance with limited judicial guidance, and it remains to be seen if any further developments will arise in this ongoing political debate.
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California's authority to regulate elections
The question of whether California can keep Donald Trump's name off the ballot if he doesn't release his tax returns is a complex one and has been the subject of much debate. While some argue that states have the authority to regulate elections and set requirements for candidates, others claim that such actions could be unconstitutional.
The Constitution of the United States grants states the power to regulate the "Times, Places, and Manner" of elections for the US House of Representatives and Senate, known as the Elections Clause. This includes rules concerning public notices, voter registration, voter protection, fraud prevention, vote counting, and determining election results. However, it is important to note that the Elections Clause does not allow states to set term limits or impose other requirements that could be seen as disadvantaging specific candidates.
In the case of California and Trump's tax returns, experts argue that the state has a legitimate legal argument to support such a ballot measure. The Constitution allows states to regulate the manner of elections, such as mandating the number of signatures a candidate needs to get on the ballot. Noah Bookbinder, an executive director at an ethics organisation, believes that these laws, if applied fairly and equally, would not be illegal or unconstitutional. He argues that they are simply disclosure requirements to get on the ballot and do not outrightly disqualify anyone.
On the other hand, Trump and his supporters argue that such requirements are unconstitutional. Richard Painter, the chief ethics lawyer under President George W. Bush, agrees that there is a significant risk that these laws could be challenged and overturned in court. The concern is that if Trump were to challenge the law and win, it could set a precedent that he is not required to disclose his tax returns.
The debate over California's authority to regulate elections and keep Trump's name off the ballot is ongoing, with multiple state appeals court decisions ruling in Trump's favour. The ultimate decision may rest with the US Supreme Court, which has been wary of getting involved in the constitutional debate surrounding Trump's legal issues.
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Trump's expected challenge
The expected challenge from Trump regarding his removal from state primary ballots centres on the question of whether individual states have the authority to interpret constitutional matters outside their own constitutions. This includes the power to remove federal candidates from ballots under the Insurrection Clause, which states that if someone has sworn an oath to uphold the Constitution and then engages in an insurrection, they cannot hold office again.
Trump's supporters argue that the former president should be allowed on the ballot and that the decision should be left to voters. A Trump adviser, speaking anonymously, said that all state appeals court decisions on efforts to remove Trump from state primary ballots have ruled in his favour. Trump himself is said to believe that the US Supreme Court will rule against state decisions to remove him from ballots.
However, the Supreme Court has previously ruled that only Congress, and not individual states, can remove presidential candidates from ballots under the Constitution's Insurrection Clause. While the Court has been wary of wading into Trump's legal issues, the conservative justices' sympathy for "originalism" could mean they interpret the Constitution's meaning based on the original wording.
On the other hand, some argue that states do have a legitimate legal argument to support ballot measures that require the release of tax returns. The Constitution allows states to regulate the manner of elections, and such measures could be seen as a disclosure requirement rather than a disqualification.
The challenge is further complicated by the fact that Trump's long-serving associate, Allen Weisselberg, pleaded guilty to perjury, and a federal district court judge blocked California from enforcing its law requiring tax returns, citing violations of the First Amendment and the Qualifications Clause.
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The role of Congress
In 2019, the California Secretary of State, Shirley Weber, faced pressure from Democratic Lt. Gov. Eleni Kounalakis to remove Trump from the state's primary ballot due to his role in the January 6, 2021 attack on the Capitol. This attempt to disqualify Trump was based on Section 3 of the 14th Amendment, which bars officers of the United States who have engaged in insurrection from holding office. However, Weber decided to keep Trump on the ballot, acknowledging the complex legal issues surrounding the matter.
The California Republican Party also claimed that Trump was “kicked off” the California ballot due to a new state law, Senate Bill 27, which requires candidates for president and governor to release five years of tax returns. However, this law does not prevent Trump from appearing on the ballot, and the California Republican Party's claim was deemed misleading and inaccurate.
The U.S. Supreme Court has ruled unanimously that individual states cannot remove Trump from their ballots based on the 14th Amendment. The Court clarified that only Congress has the power to disqualify presidential candidates under the Constitution's "Insurrection Clause." This ruling sets a precedent that prevents individual states from making ad hoc decisions to remove federal candidates from ballots.
While Congress has the ultimate authority to remove Trump from the ballot, it has not yet exercised this power. The specific process for enforcing Section 3 of the 14th Amendment remains a subject of debate, with some Supreme Court justices arguing that Congress must write a particular statute to enforce this provision of the Constitution. The role of Congress in this matter is crucial, and further legal challenges and electoral uncertainty may arise as the situation unfolds.
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The legality of state-imposed qualifications
The Argument for State-Imposed Qualifications
Proponents of state-imposed qualifications, such as the requirement to release tax returns, argue that states have the legal authority to regulate the manner of elections within their borders. The Constitution allows states to set certain requirements for candidates, such as the number of signatures needed to get on the ballot. Supporters of these requirements argue that they are similar to disclosure requirements and do not outrightly disqualify anyone, as anyone can choose to release their tax information. This argument gained support when a federal district court judge blocked California's law requiring tax returns for candidates, citing violations of the Qualifications Clause and the First Amendment.
The Argument Against State-Imposed Qualifications
On the other hand, opponents of state-imposed qualifications argue that they are unconstitutional and infringe on the rights of voters to choose their elected representatives. The Constitution outlines specific requirements for running for president, such as being a natural-born citizen and being at least 35 years old. Adding additional qualifications, such as releasing tax returns, could set a precedent for even more intrusive requirements in the future. This was acknowledged by then-Gov. Jerry Brown, who vetoed a similar bill in California, expressing concern about the "political perils of individual states seeking to regulate presidential elections" in this manner. Furthermore, the Supreme Court has held that states lack the power to impose qualifications for congressional elections, and this precedent could extend to presidential elections as well.
The Role of the Courts and Legal Challenges
The debate over state-imposed qualifications has led to numerous legal challenges, with Trump and his supporters challenging state laws and rulings that sought to remove him from state primary ballots. The Supreme Court has played a crucial role in this matter, ruling that only Congress, and not individual states, can remove a presidential candidate from the ballot under the Insurrection Clause of the 14th Amendment. This ruling overturned a decision by the Colorado Supreme Court, which had sided with Republican voters who argued that Trump had engaged in insurrection on January 6. However, the Supreme Court's decision has been controversial, with some justices expressing concern about the breadth of the ruling and its potential impact on enforcing the Constitution.
In conclusion, the legality of state-imposed qualifications remains a complex and contentious issue. While states have some authority to regulate elections, the imposition of additional qualifications on presidential candidates has raised constitutional concerns and sparked legal challenges. The outcome of these legal battles will have significant implications for the balance of power between states and the federal government in shaping the electoral landscape.
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Frequently asked questions
The Supreme Court ruled that only Congress, and not individual states, can remove Trump from their ballots based on the 14th Amendment. However, California passed a law requiring presidential candidates to provide tax returns to be eligible to appear on a primary ballot, which was blocked by a federal district court judge.
The legal argument for keeping Trump's name off the ballot in California was that the state has the right to regulate the manner of elections. Additionally, the law was seen as a disclosure requirement rather than a disqualification.
The legal argument for keeping Trump's name on the ballot in California was that the state does not have the right to impose additional requirements for presidential candidates, and that the law violates the presidential Qualifications Clause and the First Amendment of the Constitution.
