Under the 14th Amendment, restoring Trump’s eligibility would then require a supermajority vote.
Some scholars believe that Congress, by a simple majority in both chambers, could act on its own to find Trump engaged in insurrection, which would implicate the constitutional provision. Most constitutional scholars who spoke to The Hill think the provision is not “self-executing.” In practical terms, that means applying Section 3 to Trump would require an additional step by lawmakers to make the 14th Amendment operative. 17, adding that the legal mechanics would require “more research.” “The point is that the constitutional purpose is clear, to keep people exactly like Donald Trump and other traitors to the union from holding public office,” he told ABC News on Feb. Days after Trump’s acquittal in the Senate, Raskin discussed the constitutional provision in a press interview, saying Trump was “right in the bullseye middle of that group.”
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Raskin, a former constitutional law professor, served as a House manager during Trump’s impeachment trial over his role in the Jan. Section 3 of the 14th Amendment, which was ratified after the Civil War, says that officeholders who “have engaged in insurrection or rebellion against the same” are disqualified from future office. In their own words: Lawmakers, staffers remember Jan. Nadler and Raskin did not respond to a request for comment. “I continue to explore all legal paths to ensure that the people who tried to subvert our democracy are not in charge of it,” Wasserman Schultz told The Hill. Jerry Nadler (D-N.Y.), who chairs the powerful House Judiciary Committee and Rep. Jamie Raskin (D-Md.), who sits on the Jan. 6.Īmong those whose offices have spoken recently with Tribe are Rep.
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“I hear it being raised with considerable frequency these days both by media commentators and by members of Congress and their staffs, some of whom have sought my advice on how to implement Section 3.”Īn analysis by The Hill found that around a dozen Democratic lawmakers have spoken either publicly or privately over the last year about how Section 3 of the 14th Amendment might apply to those who engaged in insurrection on Jan. “If anything, the idea has waxed and waned,” said Laurence Tribe, a constitutional expert at Harvard Law School. But those who remain engaged on the issue say discussions about applying Section 3 of the 14th Amendment have been ongoing. 6 attack on the Capitol, a handful of Democrats, constitutional scholars and pro-democracy advocates have been quietly exploring how a post-Civil War amendment to the Constitution might be used to disqualify former President Donald Trump from holding office again.Ĭalls for Congress to take steps to strip Trump of his eligibility, which reached a crescendo in the aftermath of the Jan.
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