5 things to know about the 14th Amendment effort to block Trump from the presidency – Gist It

5 things to know about the 14th Amendment effort to block Trump from the presidency

The 14th Amendment of the U.S. Constitution, ratified post-Civil War in 1868, is being discussed as a potential disqualifier for former President Donald Trump’s eligibility for the 2024 election due to its section against any form of “insurrection or rebellion” against the U.S.

Historical context: Section 3 of the 14th Amendment was designed to prevent former Confederate leaders from serving in Congress, and was mostly used in the decade following the Civil War.
* Since then, it has been rarely brought up or used. The recent interest in this amendment arises from Trump’s attempts to reverse his 2020 election loss and the events of Jan. 6, 2021.

The argument: Advocates for using this amendment against Trump argue that it could block him and other influential Republican members involved in the Jan. 6 event from running for office.
* However, implementing this clause would depend on state officials making their determination based on their respective state laws.
* Some states, including Michigan, New Hampshire, and Georgia, have declared that they will keep Trump on the ballot unless overruled by a court.

Legal views: There is debate among legal scholars and voters’ rights groups on applying this amendment to disqualify Trump.
* While some argue the constitutional provision’s application to Trump’s actions,
* Others express concerns about the potential unrest and disruption to the democratic process that could result from barring Trump.

Future implications: The decision to apply the amendment ideally should be settled by the Supreme Court for the upcoming election cycle, given its nationwide implications.
* The uncertainty stemming from differing state court rulings is seen as problematic.
* The potential controversial nature of the decision, especially given the divisive political climate, makes its outcome uncertain.

View original article on NPR

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September 25, 2023

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