A handful of congressional Democrats are investigating whether former President Donald Trump can be prevented from holding elected office again through the application of an obscure portion of the 14th Amendment.
Section 3 of the amendment, enacted in 1868 and best known for enshrining the Equal Protection Clause, prevents any government official who “engaged in insurrection or rebellion” against the US from holding office again.
According to The Hill, approximately a dozen Democratic lawmakers have publicly or privately spoken about applying Section 3 of the 14th Amendment to Trump, whom they accuse of inciting the Jan. 6 riot that disrupted the congressional certification of the 2020 election results.
“If anything the idea has waxed and waned,” liberal Harvard Law School professor emeritus Laurence Tribe told the outlet.
Lawmakers are seeking to use the clause one year after the Capitol riot, which occurred after former President Donald Trump held a rally. --->READ MORE HERE
In the year since the Jan. 6 attack on the Capitol, a handful of Democrats, constitutional scholars and pro-democracy advocates have been quietly exploring how a post-Civil War amendment to the Constitution might be used to disqualify former President Trump from holding office again.
Calls for Congress to take steps to strip Trump of his eligibility, which reached a crescendo in the aftermath of the Jan. 6 riot, have since decreased. But those who remain engaged on the issue say discussions about applying Section 3 of the 14th Amendment have been ongoing.
“If anything, the idea has waxed and waned,” said Laurence Tribe, a constitutional expert at Harvard Law School. “I hear it being raised with considerable frequency these days both by media commentators and by members of Congress and their staffs, some of whom have sought my advice on how to implement Section 3.”
An analysis by The Hill found that around a dozen Democratic lawmakers have spoken either publicly or privately over the last year about how Section 3 of the 14th Amendment might apply to those who engaged in insurrection on Jan. 6.
Among those whose offices have spoken recently with Tribe are Rep. Jamie Raskin (D-Md.), who sits on the Jan. 6 House Select Committee; Rep. Jerry Nadler (D-N.Y.), who chairs the powerful House Judiciary Committee; and Rep. Debbie Wasserman Schultz (D-Fla.). --->READ MORE HEREFollow links below to related stories:
Section 3 of the 14th Amendment Is Not Going to Work against Trump
One More Thing on Section 3 of the 14th Amendment
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