Opinion: Trump is running despite the 14th Amendment. He’s not the first insurrectionist to do so
1 year, 2 months ago

Opinion: Trump is running despite the 14th Amendment. He’s not the first insurrectionist to do so

LA Times  

A statue of Confederate Gen. Wade Hampton on the grounds of the South Carolina State House. Under Section 3 of the 14th Amendment, anyone who took an oath to support the Constitution and then engaged in insurrection against the United States is prohibited from holding federal office. Conservative constitutional originalists William Baude and Michael Stokes Paulsen have argued that the 14th Amendment’s drafters had a broad understanding of what counts as insurrection and what counts as engaging in it. As bad as Jan. 6 was, they say, it was nothing like the Civil War, and Trump’s supporters will not take it well if he is barred from running. After the 14th and 15th Amendments gave citizenship and voting rights to the formerly enslaved, multiracial democracies emerged in the South as Black and white Republicans came together to form electoral majorities.

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History of this topic

Throwing out the Constitution: Donald Trump vs. the 14th Amendment
10 months, 1 week ago

Throwing out the Constitution: Donald Trump vs. the 14th Amendment

Salon  

When the Civil War ended in 1865, the 76-year-old Constitution needed an upgrading and those leading the country did indeed dramatically transform it with the passage of the 13th, 14th, and 15th Amendments, known collectively as the Reconstruction Era amendments. In November 1865, for example, a “54-foot long petition signed by hundreds of men,” organized by the State Convention of …

What’s the 14th Amendment and can it block Trump’s 2024 presidential bid?
1 year, 3 months ago

What’s the 14th Amendment and can it block Trump’s 2024 presidential bid?

Al Jazeera  

Scholars say the US Constitution could bar the ex-president from holding public office again for engaging in insurrection. But it also includes a seldom-used “disqualification clause” — formally known as Section Three — which can be enforced to bar current and former officials from public office if they “engaged in insurrection or rebellion”. Critics say Section Three’s language should make …

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