Trump Fuels Fears with Talk of ‘Unconstitutional’ Harris Issues

Former President Donald Trump is raising concerns among both supporters and critics as he insists that Vice President Kamala Harris’s potential candidacy for the Democratic nomination may violate constitutional guidelines. Critics warn that this could be a strategy for Trump to contest an election result similar to what transpired in 2020.

Trump has been vocal in framing the scenario of Harris replacing President Joe Biden as a Democratic nominee as something underhanded. He has described it as akin to a “coup,” and recently suggested that it could have constitutional implications since she was not the primary candidate in the recent election cycle.

Biden, along with other Democratic figures and some Republicans critical of Trump, believe that his comments are part of a broader tactic to undermine the credibility of November’s election results if Harris secures victory.

Former Trump national security adviser John Bolton discussed the situation on CNN, asserting that if Trump does not win in 2024 as he did not in 2020, he would likely claim he was again unfairly treated. “We know one thing for sure. Trump never loses. If he’s not the winner, it must be because he was treated unfairly, yet again,” Bolton pointed out.

He urged people to consider how to prevent Trump from destabilizing the election process should he lose again, highlighting the importance of planning ahead.

On July 21, Biden made the announcement that he would not run for reelection, solidifying support for Harris, who has since been endorsed as the Democratic nominee following the recent delegate voting.

With polling data indicating Trump was previously leading Biden in the race, he expressed outrage over the situation when he assumed Biden was forced out, labeling it a “coup.” His rhetoric intensified after Harris appeared to be closing in on him in recent surveys.

In a post on Truth Social this week, Trump asserted that Biden’s presidency had been “Unconstitutionally STOLEN from him.” During a Thursday press conference, he further elaborated, claiming that Harris’s lack of popular support in prior primaries calls into question her legitimacy as a candidate.

“The fact that you can get no votes, lose in the primary system—she was the first one out—and then be picked to run for president. It seems to me actually unconstitutional,” he said, leaving the door open to debate on the subject.

David Axelrod, a senior adviser during the Obama administration, commented on X, indicating that Trump’s rhetoric may be a precursor to plans to dismiss election results if he were to lose again.

Some Republicans had hinted earlier this year that efforts to replace Biden on the ballot could be met with legal challenges; however, experts suggest that such efforts are unlikely to succeed in court.

This week, an Ohio supporter of Trump filed a lawsuit seeking to block Harris from becoming Biden’s replacement on the ballot, but officials have pointed out that parties have until September 1 to nominate their candidate.

Sonia Gipson Rankin, a law professor at the University of New Mexico, explained that Trump appears to insinuate that voters expressed their preference for Biden during the primary, and thus, replacing him with Harris denies voters their choice.

She mentioned that at no point did Democratic delegates formally support Biden in a roll call vote, and his name was not placed on any ballots, raising further questions about the legitimacy of the transition.

“Another issue will be who has standing to sue, and the RNC or former President Trump will have to decide whether they want to invest resources in this issue during the time frame of a condensed campaign,” she said. Federal courts require strict criteria for standing, while state courts operate under different guidelines, which typically favor major party nominees automatically appearing on the ballot.

Trump’s statements are being closely monitored in light of the aftermath of the 2020 election. Throughout 2020, he cast doubt on the integrity of mail-in and absentee ballots. Following Election Day, he claimed without evidence that the election outcome was fraudulent or rigged. Multiple legal challenges aimed at contesting these results were ultimately dismissed by the courts due to lack of evidence.

The culmination of Trump’s assertions led to the January 6, 2021, riots at the Capitol, where supporters clashed violently with law enforcement in a misguided attempt to overturn the election results. He is now facing criminal charges related to his actions during that period.

In the lead-up to the 2024 election, Trump has stated he will accept results as long as he finds them to be “honest.”

“Of course there will be a peaceful transfer, and there was last time. And there’ll be a peaceful transfer. I just hope we are going to have honest elections,” he emphasized during Thursday’s press event.

Biden, in a recent interview, admitted he lacks confidence that there will be a peaceful transfer of power next January if Trump loses, stating, “I’m not confident at all. I mean if Trump loses, I’m not confident at all.” He reiterated, “He means what he says,” adding that Trump’s comments should not be taken lightly.