House Democrats introduced legislation Thursday that would bar former President Donald Trump from being president again under the 14th amendment, part of a broader effort by Democrats and activists to keep Trump from holding future office
Donald Trump will announce his candidacy for president of the United States in Palm Beach, Florida.
Section Three of the 14th Amendment states that anyone who has engaged in insurrection or rebellion against the United States can't serve in Congress.
A group of House Democrats introduced a bill on Thursday that would disqualify Trump from office if he tried to overturn the 2020 election and encouraged his supporters to attack the Capitol.
According to the Congressional Research Service, Section Five of the 14th Amendment gives Congress the power to enforce Trump's disqualification under the amendment, but it's possible that Trump could be barred from office without Congress and through lawsuits or criminal charges being brought against him.
The Justice Department could charge Trump with treason or engage in an insurrection, which would likely result in him being prohibited from holding office if found guilty, theCRS notes, and charges against him could also give lawmakers more leverage to successfully use the 14th amendment against him in congress.
It's up to judges or the Supreme Court to decide if a lawsuit against Trump will succeed.
If enough states decided to keep Trump off the ballot, he would be disqualified from being elected president in their state.
A majority. That is the share of respondents who think that Trump should be disqualified from holding office under the 14th amendment, after he called for "terminating" the constitution to reverse his 2020 election loss.
Efforts to keep Trump out of the White House would be a success. Democrats would need 60 votes in the Senate to pass the bill since Republicans are about to take control of the House. It's up to the courts to decide if the Supreme Court will rule in favor of Trump. No states have yet said they are willing to go along with calls to disqualify Trump from state elections, and the DOJ is still investigating Trump's attempts to overturn the 2020 election, so it remains to be seen if any charges will be brought.
There is still debate over whether the 14th Amendment applies to the office of the presidency, which could be a problem for Trump if he is sued. Critics argue that the president can only be removed from office by being impeached because the amendment doesn't specify that the president is included. In a paper on the 14th Amendment, an Indiana University law professor said that senators who debated the amendment in the 19th century believed the president was covered by it.
The 14th Amendment was passed in order to keep former Confederates from holding office. In the wake of the January 6 attack on the Capitol building, efforts to bar Trump under the amendment have gained attention on the left. In the past, Free Speech for People has filed lawsuits to prevent people from running. An appeals court ruled against Cawthorn after he lost his primary race, which could make it easier for other candidates to challenge their candidacy in the future. In New Mexico, a court disqualified a county commissioner from holding office after he participated in a riot. Since the Civil War era, no one had been removed from office under the provision.
The DOJ is investigating whether the ex-president violated federal law when he took federal documents with him to his Mar-A-Lago estate. Anyone found to have violated one of the federal statutes that Trump is being investigated for, should be barred from holding office. It is likely that Trump will be sued under that statute, but it is not certain if it will keep him from becoming president again. The Constitution doesn't say Americans can't be president if they've been convicted of a crime, according to experts
The 14th amendment bars Trump from being president.
Section 3 of the Fourteenth Amendment deals with the insurrection bar to office.
There are court rules for being an insurrectionists.
A judge in New Mexico barred a county commissioner because of insurrection.
The court rules allow Marjorie Taylor Greene to stay on the ballot.
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