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Constitution: No person shall ... hold any office ... having previously taken an oath... [who] have engaged in insurrection or rebellion ... [or] given aid or comfort to the enemies thereof.
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The United States Constitution is a foundational document that lays out the framework for the country’s governance. Within its text lies the 14th Amendment, a critical piece of legislation enacted in 1868 following the Civil War. Section 3 of this amendment has recently garnered significant attention, as it raises questions about the eligibility of individuals to hold public office. In this article, we will explore why Section 3 of the 14th Amendment could quite plainly prohibit Donald Trump from ever holding office in the United States again unless Congress votes to remove such a disability.
Understanding Section 3 of the 14th Amendment
Section 3 of the 14th Amendment reads: “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.”
At the heart of Section 3 is the prohibition of anyone who has previously taken an oath to support the Constitution of the United States from holding any office under the United States if they have engaged in insurrection or rebellion against the nation or provided aid and comfort to its enemies. The critical issue here is whether Donald Trump’s actions, particularly related to the events of January 6, 2021, can be interpreted as meeting these criteria.
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The January 6th Insurrection
On January 6, 2021, a violent mob stormed the U.S. Capitol while Congress was in session to certify the electoral college results of the 2020 presidential election. During this incident, the then-President Donald Trump delivered a speech to his supporters, urging them to “fight like hell” and suggesting that they should march to the Capitol. Subsequently, chaos erupted, resulting in deaths, injuries, and significant damage to the Capitol building.
The aftermath saw a second impeachment of Donald Trump by the House of Representatives, with the article of impeachment charging him with “incitement of insurrection.” While the Senate ultimately acquitted him, the events of January 6th remain a critical focal point of the discussion surrounding Section 3 of the 14th Amendment
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Section 3 and Donald Trump's Eligibility
The key question is whether Donald Trump’s actions on January 6th can be categorized as engaging in insurrection or rebellion against the United States or providing aid and comfort to its enemies, as outlined in Section 3 of the 14th Amendment.
Many legal scholars argue that his role in inciting the mob that stormed the Capitol could meet the criteria outlined in Section 3. While he was acquitted in the Senate, the legal and constitutional standards for conviction in an impeachment trial are different from those under the 14th Amendment. Section 3 does not require a criminal conviction; it merely necessitates evidence of the individual’s actions.
Furthermore, the principle of “aid and comfort to the enemies” does not necessarily imply foreign adversaries. It can encompass actions that undermine the very foundations of the U.S. government, as was witnessed on January 6th.
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Section 3 of the 14th Amendment is clear in its intent: to prevent individuals who have engaged in insurrection or rebellion against the United States or provided aid and comfort to its enemies from holding public office. While the interpretation and application of this section are subject to legal debate, there is a reasonable argument to be made that Donald Trump’s actions on January 6, 2021, may indeed meet the criteria outlined in Section 3.
- #TAGS: politics, Republicans, The Constitution, Trump
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