The big news today is the big win for President Trump in a U.S. federal court in California, on what was an incredible challenge aimed at keeping the President of the United States off the ballot.
On today’s Jay Sekulow Live, we discussed the major court victory and what it means for the Constitution. Judge England’s ruling enjoining the enforcement of the statute requiring candidates for the Presidency to turn over tax returns was a significant victory for the Constitution.
The state of California passed a requirement over and above the Constitution’s Presidential Qualification Clause into law. Tax returns would be required to be turned over in order to be included on the ballot.
This law, in my opinion, violated Freedom of Association, Freedom of Speech, the Equal protection Clause, and the Presidential Qualification Clause.
This was an attempt by the Left to add additional qualifications to be on the ballot that are not contained in the Constitution itself. If the law were to stand it would be unprecedented.
This was a blatant attempt to rewrite the Constitution, which is very clear on this matter. Article 2, Section 1, Clause 5 of the Constitution states:
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
There it is. It’s as clear as can be. Those are the qualifications to run for President. But California essentially said: “Oh no, we want to add a different requirement. You have to release your tax returns.”
Which, by the way, Federal income taxes didn’t even exist at the time of the adoption of the Constitution.
In his Griffin v. Padilla opinion, U.S. District Judge Morrison England stated:
“At base, the Act seeks to punish a class of candidates who elect not to comply with disclosing their tax returns by handicapping their access to the electoral process. This is plainly impermissible.”
The victory in this case is a victory for all of us and the Constitution.
As ACLJ Senior Counsel and Director of Policy Harry Hutchison said on the show:
“This was tremendous victory because the statute at issue is apparently illegal and unconstitutional. It was really aimed at only one person. California claimed that the release of one’s tax returns was indeed customary. The judge looked at the facts. I think it is clear beyond question that California was attempting to change the rules midstream and they were attempting to change the rules in violation of the constitution. The judge quite correctly issued a preliminary injunction enjoining the enforcement of this particular statute.
The Constitution is quite clear, quite simple, and straightforward. President Trump meets the Constitutional requirements to run for President of the United States. What we have here is a transparent attempt by the Left to rewrite the United States Constitution. Why? Because they dislike this particular President.”
This is such a significant victory not only for the President but for the Constitution. The Left tried to rewrite the Constitution, and they were blocked in this case.
You can listen to the full show here.
As we aggressively fight to restore the Constitution and defeat the Deep State and the Left’s attempts to shred it, have your gift DOUBLED today. Have your gift doubled through our Matching Challenge.
Given the current Coronavirus (COVID-19) pandemic, many states and localities are taking aggressive measures to combat the spread of the virus. In addition to measures banning large gatherings (we discussed the constitutional implications for churches here ), a number of states and territories have...
Yesterday, hardworking Americans who are often highly disdained by the global elites who populate leading academic centers, were treated to a lecture by four legal scholars. As a former law professor of advanced constitutional law, allow me to share my perspective on yesterday’s events. While it is...
The House Democrats put forward the rules for an impeachment inquiry. Surrender your constitutional rights and maybe you can speak. On today’s Jay Sekulow Live we discussed the rules that are contained in the impeachment inquiry resolution that the House is going to vote on tomorrow. On Fox News,
The fourth Democrat Presidential debate takes place tonight in Westerville, Ohio at Otterbein University and there are questions the candidates NEED to answer. On today’s Jay Sekulow Live we previewed the Democrat Presidential debate that will be moderated by CNN anchors Erin Burnett and Anderson...