Legal scholars increasingly raise constitutional argument that Trump should be barred from presidency - eviltoast

Prominent conservative legal scholars are increasingly raising a constitutional argument that 2024 Republican candidate Donald Trump should be barred from the presidency because of his actions to overturn the previous presidential election result.

  • Cryophilia@lemmy.world
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    1 year ago

    If the IRS decides, you’re a millionaire now and taxes you accordingly, you can go to court and they will decide whether you’re actually taxable as a millionaire.

    Funny enough, no you can’t. The courts don’t have any say in that.

    There’s all kinds of government determinations that have no court remedy. Impeachment, for example, is done solely through congress.

    • AggressivelyPassive@feddit.de
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      1 year ago

      Of course they have. If, say, they decide wrongly that the house you sold is worth 50million and not 50k, you can go to court for that.

      Impeachment is a bit of a different beast, since it’s done by the governing body - essentially they’re making it legal on the fly. But even then, I’m pretty sure, if Congress would have decided in 2013 that Obama can’t be president because he’s black, there would be an option for the supreme court.

      • Cryophilia@lemmy.world
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        1 year ago

        I looked into it and you’re right! I was under the impression that you only had the option (after exhausting administrative remedies within the IRS) of paying them and then suing them to recover what you consider the excess amount, but the US Tax Court will take cases where the IRS has not been paid yet.