Chaos would ensue were the Court to accept Trump’s argument that the Twelfth or Twentieth Amendments grant Congress exclusive authority to determine presidential qualifications. Trump offers no explanation why anyone would design a system where voters must wait until after a presidential election is over before learning whether the winning candidate is qualified to hold office. That is a recipe for ensuring the events of January 6, 2021, become a regular part of American politics. Far better to allow states to hash out such issues at the ballot access stage well before elections (subject, of course, to judicial review), so that the public knows who is qualified for office before they cast their ballots

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Chaos would ensue were the Court to accept Trump’s argument that the Twelfth or Twentieth Amendments grant Congress exclusive authority to determine presidential qualifications. Trump offers no explanation why anyone would design a system where voters must wait until after a presidential election is over before learning whether the winning candidate is qualified to hold office. That is a recipe for ensuring the events of January 6, 2021, become a regular part of American politics. Far better to allow states to hash out such issues at the ballot access stage well before elections (subject, of course, to judicial review), so that the public knows who is qualified for office before they cast their ballots

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