Understanding the 14th Amendment: Potential Implications for Trump's 2024 Candidacy
Anti-Trump challengers have invoked the 14th Amendment's 'insurrectionist ban' to disqualify Donald Trump from the 2024 ballot in Colorado and Maine, pending potential appeals Discover the key provisions of the 14th Amendment and its historical implications
Challengers opposed to Trump have effectively utilized the 14th Amendment's "insurrectionist ban" to exclude former President Donald Trump from the ballot in Colorado and Maine. However, these decisions are currently on hold as potential appeals are being considered. In other states such as Minnesota and Michigan, major challenges have been dismissed on procedural grounds.
Despite the absence of a formal court challenge in California, the state's top election official made the decision on Thursday to retain Trump on the list of certified candidates for the GOP primary, despite facing political pressure to remove him. As the 2024 primary cycle approaches, there are still pending challenges, including in Oregon.
Heres a breakdown of the complicated legal questions at play.
What does the 14th Amendment say?
Following the Civil War, the 14th Amendment was ratified. It states that U.S. officials who have taken an oath to uphold the Constitution are prohibited from holding future office if they have "engaged in insurrection" or have "given aid or comfort" to insurrectionists. However, the Constitution does not specify how to enforce this ban, and the ambiguous wording has raised questions about its applicability to the presidency.
Has this happened before?
The primary provision of the amendments, Section 3, states in part: "No individual may... hold any position... within the United States... if, having previously sworn an oath... to uphold the Constitution of the United States, they have participated in insurrection or rebellion against it, or provided assistance or comfort to its enemies."
The ban was widely employed to exclude former Confederates in the late 1800s, but its use in non-Civil War situations is not as well-defined.
In 1919, Congress utilized the 14th Amendment to disqualify a socialist legislator from holding office. More recently, in 2022, a New Mexico judge ousted a convicted January 6 rioter from his role as a county commissioner citing the 14th Amendment.
The official had already been convicted of a January 6-related offense. Trump is currently facing state and federal charges in connection to the Capitol riot and his efforts to overturn the 2020 election. He has pleaded not guilty and has not yet gone to trial. This situation involving Trump is unprecedented in American history, as no previous US president has raised the possibility of engaging in insurrection before.
Using the "insurrectionist ban" of the 14th Amendment against a presidential candidate, especially one who is the frontrunner for a major party nomination, such as Trump leading in the GOP polls, is highly unusual.
