Does the Constitution Disqualify Trump From Running For President Again?
Summary from AllSides News Team
Earlier this month, a paper published in the University of Pennsylvania Law Review argued that Section 3 of the 14th Amendment to the United States Constitution disqualifies former president and 2024 GOP frontrunner Donald Trump from running for office.
The Clause: The section in question reads, “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… shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
Disqualified: An article in The Atlantic (Left bias) argued that Trump’s action following the 2020 election disqualifies him from seeking public office, regardless of the outcome of his indictment pertaining to the 2020 election. The article states, “The disqualification clause operates independently of any such criminal proceedings and, indeed, also independently of impeachment proceedings and of congressional legislation.”
“Chaos and Grief”: An article in the Washington Examiner (Lean Right bias) deemed the argument “impressive.” Assuming a legal challenge to Trump’s campaign would reach the Supreme Court, the writer determined it is “in the nation’s interest that the question be resolved in a rapid and nationally uniform way.” Additionally, the writer cast doubt on the Supreme Court Justices enforcing the clause, arguing that if Trump’s disqualification “threatens to disrupt settled expectations to the point of spreading chaos and grief through society, most of them will refrain.”
Featured Coverage of this Story
From the RightDoes Section 3 of the 14th Amendment disqualify Trump?
Section 3 of the Fourteenth Amendment prohibits anyone who has previously taken an oath of office (that is, most current and former public officials) from holding public office if they have “engaged in insurrection or rebellion” against the United States. That raises the question of whether any of the persons who took part in unlawful efforts to block the transition of presidential office in January 2021—and if so, which ones—might be barred from future office. It also raises the question of who decides on the disqualification: the state officials who...
From the CenterWill Donald Trump Be Disqualified from Running Under the 14th Amendment?
The case that Donald Trump is ineligible to run for president in 2024 due to the 14th Amendment is "compelling," but "unlikely to gain broad acceptance," according to a former federal prosecutor.
Earlier this month, two prominent legal scholars wrote a 126-page report arguing Trump is "disqualified" from running for the White House again under section three of the 14th Amendment, due to his "participation in the attempted overthrow of the 2020 presidential election."
Trump has a commanding lead in his bid for the 2024 Republican nomination, with a recent...
From the LeftThe Constitution Prohibits Trump From Ever Being President Again
As students of the United States Constitution for many decades—one of us as a U.S. Court of Appeals judge, the other as a professor of constitutional law, and both as constitutional advocates, scholars, and practitioners—we long ago came to the conclusion that the Fourteenth Amendment, the amendment ratified in 1868 that represents our nation’s second founding and a new birth of freedom, contains within it a protection against the dissolution of the republic by a treasonous president.
This protection, embodied in the amendment’s often-overlooked Section 3, automatically excludes from future...