The Constitution sets some limits on the people’s choices for president - but the Supreme Court rules it’s unconstitutional for state governments to decide on Trump’s qualifications
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Robert A. Strong, University of Virginia
(THE CONVERSATION) When the Supreme Court ruled on March 4, 2024, that former President Donald Trump could appear on state presidential ballots for the 2024 election, it did not address an idea that seemed simple and compelling when Justice Brett Kavanaugh raised it during the Feb. 8, 2024, oral arguments in the case:
“What about the idea that we should think about democracy, think about the right of the people to elect candidates of their choice, of letting the people decide?”
In essence, he was asking whether it would be better to let the people, rather than a court or a state official, decide whether a controversial candidate should return to the White House.
Kavanaugh had a point. Under the Constitution, the people can be – and are – trusted to make a great many important decisions.
But Kavanaugh also missed a key point that I learned in years of teaching about the presidency, the Constitution and impeachment. Right from the very beginning of the nation, and persisting until today, there have been rules that limit the ability of the people to choose their leaders.
The Constitutional Convention of 1787
The drafters of the Constitution already had the discussion Kavanaugh was trying to start during the oral arguments.
In...