What does the 14th Amendment say about disqualifying Trump?

What does the 14th Amendment say about disqualifying Trump?

A prosecutor in President Lincoln’s assassination trial and three of Donald Trump’s judicial appointments may well determine the 2024 presidential election.

U.S. Representative John Bingham (R-OH) guided the Fourteenth Amendment through Congress to protect our republic from subversives. He has recently become one of the most Googled people by historians, political scientists and journalists.

As a member of Congress’ Joint Committee on Reconstruction, Bingham was the primary architect of the Fourteenth Amendment, perhaps the most powerful amendment to the US Constitution. Historically, the Fourteenth Amendment has been used to expand civil liberties and more recently, there has been debate regarding birthright citizenship, the national debt, and former President Trump’s ability to serve a second term.

Trump’s supporters and others have questioned the relevance of the Fourteenth Amendment’s insurrection clause to the January 6 attack on the U.S. Capitol. Their argument goes something like this, “Trump did not personally go to the Capitol, and if he did, the attacks are not insurrection, and if it were, then the Fourteenth Amendment refers to civil war, and if it applies, So this American president doesn’t say that, and if it does, it doesn’t matter because the president has immunity.”

It will be up to the US Supreme Court to determine the applicability of the insurrection clause to Trump’s potential disqualification from office.

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The Supreme Court’s 6-3 conservative supermajority includes three Trump appointees, and these conservative originalists support a supposedly strict interpretation of the Constitution. This philosophy holds that the Constitution should be taken word-for-word, not interpreted or contextualized, and that the meaning of words should be considered in the same manner as the words were used at the time of the Constitution’s creation and ratification.

Indeed, the Constitution does not specify a President of the United States in Section 3 of the Fourteenth Amendment. he says:

“No person shall be a Senator or Representative in Congress, or an elector of the President and Vice-President, or hold any civil or military office under the United States or any State, before he has been sworn 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”

That is, it says that “No person…shall hold any office…under the United States…who has previously held…as an officer of the United States…the Constitution of the United States.” Sworn to support”—any position.

Meanwhile, Article II of the Constitution refers to the office of the President in Article I, Clauses 1 and 5, as well as the word “office” in Article One, Clauses 6 and 8. Section 8 also requires the President to take oath or affirmation. “Faithfully execute the office of President of the United States” and “Preserve, preserve, and defend the Constitution of the United States.” Thus, there are five references to the President as an officer under the United States in the Constitution.

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(Under the doctrine of superseding authority, the latest parts of the Constitution supersede earlier parts, so Section 3 of the Fourteenth Amendment is also an amendment to the requirements of the office of the President listed under Article 2, Section 1, Clause 5. )

But, the slippery slope is that Section 3 of the Fourteenth Amendment mentions civil war. And yet, the term civil war is not used in the so-called rebellion section. It disqualifies any person who took the oath and then “joined in rebellion or insurrection against the same, or gave aid or comfort to his enemies.”

Gaines Foster of Louisiana State University notes that Abraham Lincoln often referred to the Civil War as the “Rebellion” and referred to the war concurrently as the War of the Rebellion, the Slaveholders’ Rebellion, the Insurrection, the Abolition War, Was also known. The War Between the States, and Northern Invasion.

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Therefore, a literal interpretation of the Constitution shows that Section 3 does not capitalize on rebellion or insurrection, nor does the grammatical article “the” come before the terms. Section 3 broadly refers to any rebellion or insurrection. In fact, 18 US Code § 2383, which was written in 1948 and edited in 1994, also uses the same phrase “insurrection or rebellion” and I doubt many former Confederates were alive in 1994. The same US Code defines rebellion as inciting, aiding or abetting rebellion. Such a person is prohibited from holding any office if he engages in “any rebellion or insurrection against the authority of the United States or the laws thereof.”

In 2000, the judicial veil of impartiality was torn when a 5–4 conservative majority (including current Associate Justice Clarence Thomas) sided against states’ rights and decided the 2000 presidential election in favor of the conservative candidate.

Trump vs. Anderson It could be determined on March 19, the 124th anniversary of John Bingham’s death. If conservatives in the Supreme Court hold on to the strict constructionism and originalist philosophies they espouse, Trump will be disqualified as a candidate for President of the United States.


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