Here’s how the 14th Amendment could be used to prevent Trump from running again

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In the wake of the Capitol siege, some US lawmakers have called for President Donald Trump, and some of their congressional colleagues, to be removed from office or prevented from ever holding office again in the future — and they may invoke the 14th Amendment to do it.

The 14th Amendment was adopted in 1868 and is mostly known for granting citizenship rights and equal protection under the law to anyone born or naturalized in the US, including Black people and those formerly enslaved.

The amendment nullified the 1857 Supreme Court decision Dred Scott v. Sandford, which held that people of African descent could not be US citizens.

Read more: Trump just beat his 2nd impeachment conviction, but a massive tsunami of legal peril still awaits

However, one section of the amendment blocks someone from holding office who, having previously made an oath to the Constitution, has “engaged in insurrection or rebellion” against the US.

Originally designed to prevent Confederates from serving in public office, it could now prevent Trump from running again

The intent at the time was to influence the government in the South by barring Confederates from serving in public office after the Civil War. “The idea was that office holders of the United States will not be people who were treasonous to the United States,” Doron Kalir, a professor at Cleveland-Marshall College of Law, told Insider.

Here’s the full text of Section 3 of the 14th Amendment:

“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.”

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There are differing opinions among legal scholars on whether the amendment could actually be used in Trump’s case, and, if it were to be used, how exactly it would play out.

How it could be used against Trump

One uncertainty is whether or not the text can be applied to the office of the presidency. While it lists senators, representatives, and electors as positions from which a person could be barred, the presidency is not explicitly named.

“I’m not sure it applies to the president of the United States at all,” Kalir told Insider, adding that it’s unlikely the authors would have named those offices but not the presidency itself if they intended for it to apply.

More likely, he said, the section is meant to apply to senators and offices below that.

There is also uncertainty over exactly what the process would be for invoking the amendment to remove someone from …read more

Source:: Businessinsider – Politics

      

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