Could the 14th Amendment bar Donald Trump from running in 2024?

Is it possible for the 14th Amendment to prevent Donald Trump from running in the 2024 presidential election? In a recent interview with ABC anchor George Stephanopoulos, Democratic Senator Tim Kaine of Virginia made a bold statement that has ignited discussions in the political arena.

Kaine believes there is a “powerful argument” that former President Donald Trump can be disqualified from running in the 2024 presidential elections under the 14th Amendment of the United States Constitution. This viewpoint has gained traction among legal scholars and experts, and it raises questions about the potential consequences for Trump’s political future.

The 14th Amendment’s Role

 (Photo by Leigh Vogel/Getty Images)

The 14th Amendment is a critical component of the United States Constitution. Specifically, Senator Kaine points to the third section of the amendment, which reads,

“No person shall be a[n] … 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, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

The Controversial Argument

Senator Kaine argues that the events of January 6, 2021, when the U.S. Capitol was stormed by Trump supporters, constituted an attack on the Constitution itself. He contends that anyone who “gave aid and comfort to those who engage in an insurrection against the constitution of the United States” could be disqualified from holding office under the 14th Amendment.

Kaine’s perspective is shared by a growing number of legal experts, including constitutional scholars William Baude and Michael Stokes Paulsen.

Their forthcoming article in the University of Pennsylvania Law Review argues that the 14th Amendment disqualifications extend to individuals involved in the attempt to overturn the 2020 presidential election, including Donald Trump.

Similar sentiments were expressed in an article published in The Atlantic by retired conservative federal judge J. Michael Luttig and Harvard law professor emeritus Laurence Tribe. They asserted that Trump’s efforts to overturn the 2020 election and the subsequent attack on the U.S. Capitol align with the disqualification clause of the 14th Amendment.

Implications for Trump’s Political Future

If the argument made by Senator Kaine and these legal scholars holds, it could have profound implications for Donald Trump’s political ambitions. Disqualification under the 14th Amendment would prevent him from running for president again in 2024, effectively reshaping the landscape of the upcoming election.

(Photo by: William B. Plowman/NBC/NBC Newswire/NBCUniversal via Getty Images)

Former Arkansas Governor Asa Hutchinson, during a recent Republican primary presidential debate, also emphasized the importance of considering the 14th Amendment as a potential disqualifying factor for Trump’s candidacy.

What is 14th Amendment

The 14th Amendment to the United States Constitution, ratified on July 9, 1868, is one of the Reconstruction Amendments, which were adopted following the American Civil War to address issues related to slavery, citizenship, and civil rights. The 14th Amendment is particularly significant for its provisions regarding citizenship, equal protection under the law, and due process.

Key provisions of the 14th Amendment include:

• Citizenship Clause (Section 1): This clause grants citizenship to all individuals born or naturalized in the United States, including former slaves. It overturned the Supreme Court’s infamous Dred Scott v. Sandford decision of 1857, which had denied citizenship to African Americans.
• Equal Protection Clause (Section 1): The Equal Protection Clause ensures that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” This clause has been central to many landmark Supreme Court cases involving civil rights and discrimination.
• Due Process Clause (Section 1): The Due Process Clause states that no state shall “deprive any person of life, liberty, or property, without due process of law.” This clause ensures that individuals are entitled to certain legal protections and procedures before they can be deprived of their rights or property by the government.
• Privileges or Immunities Clause (Section 1): This clause suggests that citizens of the United States are entitled to certain privileges and immunities, which cannot be abridged by state laws. However, this clause has been interpreted narrowly by the courts.
• Rebellion and Insurrection Disqualification (Section 3): Section 3 of the 14th Amendment prohibits individuals who have engaged in insurrection or rebellion against the United States from holding public office unless they receive a special pardon from Congress. This section was particularly relevant during the post-Civil War era.
• Enforcement Clause (Section 5): Section 5 grants Congress the authority to enforce the provisions of the 14th Amendment through appropriate legislation.

The 14th Amendment played a pivotal role in advancing civil rights and equal protection in the United States. It has been the basis for numerous Supreme Court decisions addressing issues such as school desegregation, voting rights, affirmative action, and same-sex marriage, among others.

It remains a foundational piece of American constitutional law and a cornerstone of the protection of individual rights and equal treatment under the law.

Conclusion

The debate over whether Donald Trump can be disqualified from running in the 2024 presidential elections under the 14th Amendment is gaining momentum.

Legal scholars, politicians, and commentators are exploring the constitutional implications of Trump’s actions leading up to and following the 2020 presidential election. As this discussion evolves, it could significantly impact the future of American politics and the shape of the 2024 presidential race.