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10 November 2023 / Athelstane Aamodt
Issue: 8048 / Categories: Opinion , Constitutional law , International
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Can Donald Trump stand again?

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Athelstane Aamodt considers whether the US Constitution can put the brakes on the Trump campaign

Although it remains a deeply impressive and important document, there are some undeniable defects with the Constitution of the United States. One of its most glaring errors is that while it sets out various qualifications to be President (he or she must be 35 years or older, must be born in the US, etc), it does not prevent a person convicted of a felony from being eligible to hold that office. This is a strange omission when one considers that the Constitution even makes it clear that there is no religious test for holding public office in the US (Article VI, Clause 3). Why then did a ‘criminal test’ not enter James Madison’s mind when he was drafting the Constitution between 1787 and 1789?

Trump’s second term?

This omission is now being much-discussed given all of the impending criminal trials that Donald Trump faces. Even if he was convicted and imprisoned, he would, if elected,

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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