Improvised Constitutional Gatekeepers

Here is one way to think about the next presidential election. Donald Trump's misconduct that culminated in January 6th put him in a constitutional penalty box. To leave that box, Congress and the Supreme Court must say that he deserves another chance to be President. Trump passed the first test when the Senate acquitted him in February 2021. The Court will soon decide the Section Three challenges to his eligibility. If Trump passes that test, then and only then will he be able to make his case to the voters. (You could add that juries are a third constitutional gatekeeper. A conviction does not prevent Trump from running, but may in practice make his candidacy impossible.)

Of course, nobody designed a process in which the legislative and judicial branches serve as constitutional gatekeepers for the executive branch. But I'm not sure that a better test of legitimacy could have been devised.