Posted on Oct 31, 2023
5 things to know about the 14th Amendment effort to block Trump from the presidency
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https://www.npr.org/2023/09/25/ [login to see] /14th-amendment-disqualify-trump-explained
A little-known provision of the U.S. Constitution is at the center of a growing debate about former President Donald Trump's eligibility for the 2024 election, with a number of Trump opponents claiming it should prevent him from appearing on ballots next year.
The 14th Amendment was ratified in 1868, following the Civil War, and its Section 3 essentially disqualifies from office anyone who engaged in "insurrection or rebellion" against the U.S.
It was designed to prevent former Confederate leaders from serving in Congress, and got the most use in the decade or so after the war, says James Gardner, a professor at the University at Buffalo School of Law who specializes in constitutional and election law.
A little-known provision of the U.S. Constitution is at the center of a growing debate about former President Donald Trump's eligibility for the 2024 election, with a number of Trump opponents claiming it should prevent him from appearing on ballots next year.
The 14th Amendment was ratified in 1868, following the Civil War, and its Section 3 essentially disqualifies from office anyone who engaged in "insurrection or rebellion" against the U.S.
It was designed to prevent former Confederate leaders from serving in Congress, and got the most use in the decade or so after the war, says James Gardner, a professor at the University at Buffalo School of Law who specializes in constitutional and election law.
5 things to know about the 14th Amendment effort to block Trump from the presidency
Posted from npr.org
Donald Trump
Constitution
Election 2024
University at Buffalo
Posted 7 mo ago
Responses: 2
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PO1 William "Chip" Nagel
..."The petition filed with the Minnesota Supreme Court similarly suggests that Trump’s role in the Capitol attack disqualifies him from public office. Among the petitioners is former Minnesota Secretary of State Joan Growe (D). Oral arguments in that case are scheduled for Thursday.
A Michigan lawsuit makes the same argument. Michigan is a particularly significant location for a challenge because it is both a swing state and its Democratic Secretary of State, Jocelyn Benson, wrote in The Washington Post earlier this month that she and other top election officers don’t have the ability to bar Trump under the clause.
Both those cases were filed by the liberal group Free Speech For People.
Trump’s legal team questioned the validity of all such challenges Monday, calling the Colorado case “novel” and “unique.”
“There’s a reason cases like this have either never been brought or quickly rejected,” Gessler said Monday.
It’s very likely that at least one of the challenges will eventually land in the U.S. Supreme Court, which has never ruled on the 14th Amendment’s “insurrection clause.”
..."The petition filed with the Minnesota Supreme Court similarly suggests that Trump’s role in the Capitol attack disqualifies him from public office. Among the petitioners is former Minnesota Secretary of State Joan Growe (D). Oral arguments in that case are scheduled for Thursday.
A Michigan lawsuit makes the same argument. Michigan is a particularly significant location for a challenge because it is both a swing state and its Democratic Secretary of State, Jocelyn Benson, wrote in The Washington Post earlier this month that she and other top election officers don’t have the ability to bar Trump under the clause.
Both those cases were filed by the liberal group Free Speech For People.
Trump’s legal team questioned the validity of all such challenges Monday, calling the Colorado case “novel” and “unique.”
“There’s a reason cases like this have either never been brought or quickly rejected,” Gessler said Monday.
It’s very likely that at least one of the challenges will eventually land in the U.S. Supreme Court, which has never ruled on the 14th Amendment’s “insurrection clause.”
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