![]() ![]() Their key point is that the 14th Amendment’s disqualification clause is “self-executing,” meaning there doesn’t need to be any formal finding of guilt. For example, law professor Steven Calabresi, who worked in the Reagan White House and for Attorney General Ed Meese, sums up the arguments most advocates are using. There have been a number of recent articles by both conservative and liberal legal scholars (see here, here and here) asserting that this section disqualifies Trump from holding any public office ever again. Section 3 of the 14th Amendment 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.” The latest all-the-rage theory for preventing former President Donald Trump from running in the 2024 presidential election is a claim that Trump made himself ineligible under the 14th Amendment to the Constitution by instigating the January 6 “insurrection.” While millions of Americans (including me) wish Trump weren’t running again, the problem with this legal theory is that it assumes the very issue in question: that the January 6 raid on the Capitol was an insurrection (or at least a rebellion) and that Trump was involved, either directly or indirectly. ![]()
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