Trump’s candidacy between judicial review and politics: who shall enforce the constitutional limits to the democratic process?
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Abstract
The text discusses the issues concerning the alleged ineligibility of Donald Trump to the US Presidency in light of January 6th, 2021 Capitol attack. By surveying the litigation in state and federal courts, the article engages with the interpretative issues underlying the Disqualification Clause of XIV Amendment, sec. 3. The goal is to highlight the Supreme Court’s approach to the constitutional constraints to the democratic processes in order to identify who shall have final authority on the interpretation of the Constitution
Keywords
- ineligibility
- Disqualification Clause
- Presidential elections
- XIV Amendment
- enforcement powers
