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The “Disqualification Clause” found in Section 3 of the 14th Amendment fits Donald J. Trump like a glove.
Or as political podcaster Allison Gill : “if section 3 of the 14th amendment wasn’t designed for him, who was it designed for?”
The historical answer to Gill’s query is, of course, that it was designed for Confederates trying to get back into the federal government after losing the Civil War. And that very same historical context draws a direct analogy to Trump’s efforts to get back into the presidency after losing the 2020 election.
Here’s what the Disqualification Clause says:
“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”
The plain language of this obviously encompasses Trump’s actions to illegally overturn the results of the 2020 presidential election. These actions include but are not limited to asking the Georgia Secretary of State to find additional votes for him, conspiring to put forth slates of unelected “fake” electors for the electoral college, and his call for “wild” protests on Jan. 6 that led to the attack on the Capitol.
But while these actions have resulted in Trump being charged criminally both by the U.S. Justice Department and the State of Georgia, his disqualification does not depend upon him being convicted in either of those cases.
As pointed out by the constitutional scholar Professor Laurence Tribe and former conservative federal judge Michael Luttig in their article in The Atlantic: “the disqualification clause operates independently of any such criminal proceedings and, indeed, also independently of impeachment proceedings and of congressional legislation” and was “designed to operate directly and immediately upon those who betray their oaths to the Constitution, whether by taking up arms to overturn our government by waging war on our government and by attempting to overturn a presidential election through a bloodless coup.”
Tribe and Luttig are hardly outliers in their view. A forthcoming law review article written by Federalist Society conservative law professors—William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas—not only agrees that the disqualification is self-enforcing but also makes the case that numerous others who supported Trump’s efforts also may be disqualified.
https://www.yahoo.com/news/trump-disqualified-running-president-under-045252761.html
Or as political podcaster Allison Gill : “if section 3 of the 14th amendment wasn’t designed for him, who was it designed for?”
The historical answer to Gill’s query is, of course, that it was designed for Confederates trying to get back into the federal government after losing the Civil War. And that very same historical context draws a direct analogy to Trump’s efforts to get back into the presidency after losing the 2020 election.
Here’s what the Disqualification Clause says:
“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”
The plain language of this obviously encompasses Trump’s actions to illegally overturn the results of the 2020 presidential election. These actions include but are not limited to asking the Georgia Secretary of State to find additional votes for him, conspiring to put forth slates of unelected “fake” electors for the electoral college, and his call for “wild” protests on Jan. 6 that led to the attack on the Capitol.
But while these actions have resulted in Trump being charged criminally both by the U.S. Justice Department and the State of Georgia, his disqualification does not depend upon him being convicted in either of those cases.
As pointed out by the constitutional scholar Professor Laurence Tribe and former conservative federal judge Michael Luttig in their article in The Atlantic: “the disqualification clause operates independently of any such criminal proceedings and, indeed, also independently of impeachment proceedings and of congressional legislation” and was “designed to operate directly and immediately upon those who betray their oaths to the Constitution, whether by taking up arms to overturn our government by waging war on our government and by attempting to overturn a presidential election through a bloodless coup.”
Tribe and Luttig are hardly outliers in their view. A forthcoming law review article written by Federalist Society conservative law professors—William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas—not only agrees that the disqualification is self-enforcing but also makes the case that numerous others who supported Trump’s efforts also may be disqualified.
https://www.yahoo.com/news/trump-disqualified-running-president-under-045252761.html
