Does 14th Amendment Bar Trump From the Presidency?

TL;DR

The transcript concludes that whether the 14th Amendment bars Donald Trump from the presidency remains unresolved because key Section 3 questions have yet to be answered by the Supreme Court. CREW’s Colorado lawsuit alleges that Trump’s role in the January 6 riot disqualifies him, while disputes remain over whether a president is an “officer of the United States,” whether Trump engaged in insurrection, and who can enforce disqualification, reasons to read on for the competing legal arguments.

Transcript

• Is Donald Trump still eligible to be President of the United States? Does the 14th Amendment prevent him from running? Well, as we all know, Trump was indicted four times in New York, Florida, Washington D.C. and Georgia. Prosecutors in two of those cases alleged that he tried to overthrow the results of the 2020 election. Lawyers from these Citi... Read More

Key Insights

• 🥹 Section Three of the 14th Amendment was passed after the Civil War to prevent former Confederate officials from holding office.
• 🇺🇸 Some legal scholars argue that the President is not an "officer of the United States" for the purposes of Section Three.
• 🍉 Disputes arise regarding the interpretation of the terms "insurrection" and "rebellion" under the Disqualification Clause.
• 🈸 The application of the Disqualification Clause to Trump's actions during the January 6th riot is a contentious issue.
• 😥 The justiciability of Trump's disqualification and the jurisdiction of courts to make such determinations are points of debate.
• 🖤 The lack of clarity in the 14th Amendment leaves room for different interpretations and potential challenges to Trump's eligibility.

Questions & Answers

Q: Does the 14th Amendment bar Donald Trump from the presidency?

The transcript says the issue remains unresolved. CREW alleges that Trump is disqualified under Section 3 because of his role in the January 6 riot, but the Supreme Court has yet to answer key questions about whether Section 3 applies to a president, whether Trump engaged in insurrection or rebellion, and how disqualification would be enforced.

Q: What does Section 3 of the 14th Amendment prohibit?

Section 3 prohibits a person from holding covered public office if that person previously took an oath as a federal or state officer to support the Constitution and then engaged in insurrection or rebellion against it, or gave aid or comfort to its enemies. The transcript calls this provision the Disqualification Clause.

Q: Why did CREW sue the Colorado Secretary of State?

Citizens for Responsibility and Ethics in Washington, or CREW, sued the Colorado Secretary of State to argue that Trump is disqualified and cannot appear on the state’s 2024 Republican presidential primary ballot. Colorado law allows an eligible elector under its statutes to challenge a candidate’s constitutional eligibility.

Q: Is the president an “officer of the United States” under Section 3?

The transcript presents this as a disputed and unanswered question. Some legal scholars argue that the president is not an “officer of the United States” for Section 3 purposes, while CREW’s case depends on Section 3 applying to Trump after his presidential oath.

Q: Did Trump engage in an insurrection or rebellion under the 14th Amendment?

CREW’s lawsuit alleges that Trump’s role in the January 6 riot amounts to conduct covered by Section 3. The transcript says the constitutional terms “insurrection” and “rebellion” are not explicitly defined and that whether Trump’s conduct meets that standard remains contested.

Q: How could a Section 3 disqualification be enforced?

The transcript says enforcement might occur through a court challenge decided by a judge or through a state-law process in which a secretary of state determines ballot eligibility. It also emphasizes that the precise enforcement mechanism is uncertain.

Q: Has Section 3 been used to remove an official for involvement in January 6?

Yes. The transcript says CREW successfully sued to remove former New Mexico county commissioner Coy Griffin from office after he was convicted for his involvement in the January 6 riot.

Q: Can Congress remove a Section 3 disqualification?

Yes. Section 3 permits Congress to remove the disability through a two-thirds vote in each house, meaning both the House and Senate must reach that threshold.

Summary & Key Takeaways

• Lawyers from the Citizens for Responsibility and Ethics in Washington have filed a lawsuit alleging that Trump's role in the January 6th riot disqualifies him from running for President under the 14th Amendment.

• Section Three of the 14th Amendment prohibits individuals who have taken an oath as a U.S. officer and engaged in insurrection or rebellion from holding office.

• The lawsuit argues that Trump's actions leading up to and during the riot constitute engagement in insurrection.