Now that the election is over and Inauguration Day is looming closer, the days until President-elect Donald Trump takes office again are numbered. Until January 25th rolls around let’s talk about the elephant in the room; Section 3 of the 14th Amendment.
The 14th Amendment commonly known as the amendment that gave us Equal Protection and Due Process also includes other gems. Section 3 of the 14th Amendment states: “Section 3 Disqualification from Holding Office: 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.”
So, what does this mean? This provision disqualifies anyone who was a former government official from holding office if they took an oath to uphold the Constitution but then broke it by partaking in an insurrection.
Former President Donald J. Trump proven to have been involved in the January 6th riots should effectively have been disqualified from ballot centers. Why wasn’t he?
The Colorado Supreme Court barred former President Trump from the state’s primary ballot centers under the 14th Amendment however this ruling was overturned unanimously by the U.S Supreme Court. All nine justices argued that while the State could invoke Section 3 against series and holders of state offices, they did not have the authority to do so when it came to national offices. They [the justices] were concerned that if states were given this authority different states would come to different conclusions about candidates on the ballot. This would cause problems and harm the connection between the federal government and the people of the United States. While the justices may have agreed on the state’s role in enforcing the 14th Amendment, they disagreed on the degree federal officials could enforce Section 3 on federal officeholders and seekers.
That is how Donald J. Trump came to be both on the ballot and the next president-elect despite Section 3 of the 14th Amendment. What are your thoughts on SCOTUS’ interpretation of the amendment?