Should Trump be disqualified from office for insurrection?
Image: Godofredo A. Vásquez/AP
Former President Donald Trump is facing a series of lawsuits seeking to disqualify him from the 2024 presidential ballot in states across the country due to the 14th Amendment’s ban on insurrectionists holding public office.
Background: Section 3 of the 14th Amendment prevents anyone who “engaged in insurrection or rebellion” in violation of their oath to the Constitution from holding any official state or federal government position moving forward.
- The law was first ratified by Congress in 1868 to prevent defeated Confederate leaders from rising to power again through the ballot box, and was last used to disqualify a federal politician in 1919.
But a pair of recent state rulings have brought the law back into the public eye. Last month, Colorado’s Supreme Court ruled that Section 3 applies to Trump for his actions surrounding the January 6 Capitol riot, disqualifying him from the state GOP primary ballot pending an ongoing appeal. Then, last week, Maine’s Secretary of State ruled Trump is ineligible to appear on the state primary ballot for the same reason.
On the flip side, Trump’s lawyers argue the former president shouldn’t be disqualified for several reasons:
- Trump’s actions surrounding the January 6 riot don’t meet the definition of “engaging in insurrection or rebellion.”
- Disqualifying Trump without a structured legal process to determine whether he engaged in an insurrection would violate his right to due process, and would disenfranchise millions of Americans who plan to vote for him.
- Section 3 was written in a way that excludes the President.
👀 Looking ahead… Trump’s lawyers have appealed the Colorado decision to the US Supreme Court, and are also challenging the Maine ruling.
Overall, at least 18 states have ongoing legal challenges to Trump's candidacy over insurrection concerns, which could result in him being disqualified from the 2024 presidential election in those states. An additional ~20 challenges have already been rejected or voluntarily withdrawn.
📊 Flash poll: In your opinion, should former President Trump be disqualified from the 2024 presidential election due to the 14th Amendment’s ban on insurrectionists holding public office?
See a 360° view of what media pundits are saying →
Sprinkles from the Left
- Some commentators argue that the implications of a court determining whether a candidate may participate in a democracy’s elections are substantial, and that Trump deserves due process of law to determine whether his actions amount to insurrection.
- Others contend that it’s time to apply the plain language of the Constitution to Trump’s actions and remove him from the ballot, rather than let Trump avoid responsibility on account of one of his many excuses.
- “Should courts throw Trump off the ballot? Not so fast.” –WaPo Editorial Board
- “The Case for Disqualifying Trump Is Strong” –David French, NY Times
- “The 14th Amendment gambit is breathtakingly foolish” –Damon Linker, CNN
Sprinkles from the Right
- Some commentators argue that while Trump committed a grave offense against our constitutional system in the wake of the 2020 elections, his fate should be left up to American voters and/or their elected representatives to decide, rather than a small group of judges and state officials.
- Others contend that it shouldn’t be left up to state judges or officials to decide whether or not Trump is allowed to run for President under such a vague statute, especially not four judges appointed by Democrats.
- “Colorado Forces a 14th Amendment Crisis to Get Trump” –National Review Editorial Board
- “A Solution to the Trump Ballot Conundrum” –Jed Rubenfeld, WSJ
- “Between abortion and Trump, the 14th Amendment has become the Left's Swiss Army Knife” –Tiana Lowe Doescher, Washington Examiner
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