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22 September 2023 / Michael Zander KC
Issue: 8041 / Categories: Opinion , Constitutional law , International
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Insurrection & court intervention: A high-stakes gamble?

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Could legal proceedings stop Trump from standing for election? Michael Zander raises doubts about the attempt to remove the former president from the ballot

Donald Trump has promised he will run for election in 2024 even if he is convicted on any of the serious criminal charges he faces in both federal and state courts. Surprisingly, there is nothing in the US constitution that would bar him from being president after any such conviction. But there is a provision in the constitution that could stop him being elected—by barring him from being a candidate in the first place.

Sweep & force

Section 3 of the 14th amendment provides that no person shall hold public office who, having taken an oath as an officer of the United States to support the constitution of the United States, ‘shall have engaged in insurrection or rebellion against the same’.

Section 3 was ratified in 1868 in the aftermath of the Civil War. Its purpose was to prevent secessionists from returning to their previous government positions. A 126-page article in the Pennsylvania

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

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Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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