In a letter to The NY Times, retired federal bankruptcy judge Mark Wallace pronounces flawed the legal analysis of the 14th Amendment controversy by David French in a recent Op-Ed article. According to Judge Wallace the amendment does not prohibit an unqualified person from running for office, only holding office. Therefore, he argues, the issue is not ripe for judicial review unless and until Donald Trump wins the election. Respectfully, it is Judge Wallace’s reasoning that is flawed.When someone is deemed constitutionally unqualified to hold office it is implicit in that prohibition that such a person may not stand for office. Otherwise the electorate is presented with a false choice, a costly campaign must be nullified and the likelihood of a violent response by the supporters ofa winning candidate who is denied office would be exponentially increased.
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