Hearing to determine if Trump can be barred from office reaches far back in history for answers

The effort to ban former President Donald Trump from the ballot under the Constitution’s “insurrection clause” turned to distant history on Wednesday, when a law professor testified about how the post-Civil War provision was indeed intended to apply to presidential candidates.

Gerard Magliocca, of Indiana University, said there was scant scholarship on Section Three of the 14th Amendment when he began researching it in late 2020. He testified that he uncovered evidence in 150-year-old court rulings, congressional testimony and presidential executive orders that it applied to presidents and to those who simply encouraged an insurrection rather than physically participated in one.

Magliocca didn’t mention Trump by name, but the plaintiffs in the case have argued that Colorado must ban him from the ballot because his role in the Jan. 6, 2021, assault on the U.S. Capitol, which was intended to halt Congress’ certification of Joe Biden’s win and keep Trump in power, falls under the provision. The section originally was designed to prevent former Confederates from returning to their old federal and state jobs and taking over the government.