14th Amendment Disqualifies Trump from Presidency
The Issue
A former appellate attorney and law professor provided an analysis of the 14th Amendment and its application to a potential Donald Trump presidency. His conclusions -
1. Per the 14th amendment, section 3, Trump is disqualified from holding the office of the presidency. JD Vance may also be disqualified. See analysis section 1 below.
2. President Biden is legally obligated to either convene congress and have congress remove the disqualification or, if they don't, NOT hand over the presidency to someone constitutionally disqualified to hold office. See analysis section 2.
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Analysis
1. The 14th Amendment application to Donald Trump
Section Three of the 14th amendment states simply that no person shall hold the office of the presidency if they are an oathbreaking insurrectionist.
The Colorado Supreme Court held that Trump did engage in insurrection within the meaning of Section 3 of the Fourteenth Amendment and that Trump should be removed from the Colorado state ballot.
On appeal the US Supreme Court did not dispute that former President Trump had “engaged in insurrection” within the meaning of Section 3”. However, it reversed the Colorado Supreme Court decision on this simple principle – “States lack the power to enforce Section 3 against Presidential candidates.”
Section 3 also provides “Congress may by a vote of two-thirds of each House, remove such disability.” This has not been done so Trump remains disqualified under the 14th amendment.
JD Vance may also be disqualified. Allegedly, he said that Trump did not lose the 2020 election. This was the basis for the January 6 insurrection so it might be asserted that he “gave aid or comfort” to the insurrection efforts and/or those who engaged in that effort. If so, he would then also be disqualified to hold the office of the vice president.
2. President Biden’s obligation under the constitution
President Biden is legally obligated to “preserve, protect and defend the Constitution of the United States”. President Biden should convene Congress to vote on removing the disqualification or, if they don't, NOT transfer the presidency to someone constitutionally disqualified to hold office. At the very least, until absolutely clarified, it would seem President Biden should take only limited steps in furtherance of the traditional transition of power.
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The Issue
A former appellate attorney and law professor provided an analysis of the 14th Amendment and its application to a potential Donald Trump presidency. His conclusions -
1. Per the 14th amendment, section 3, Trump is disqualified from holding the office of the presidency. JD Vance may also be disqualified. See analysis section 1 below.
2. President Biden is legally obligated to either convene congress and have congress remove the disqualification or, if they don't, NOT hand over the presidency to someone constitutionally disqualified to hold office. See analysis section 2.
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Analysis
1. The 14th Amendment application to Donald Trump
Section Three of the 14th amendment states simply that no person shall hold the office of the presidency if they are an oathbreaking insurrectionist.
The Colorado Supreme Court held that Trump did engage in insurrection within the meaning of Section 3 of the Fourteenth Amendment and that Trump should be removed from the Colorado state ballot.
On appeal the US Supreme Court did not dispute that former President Trump had “engaged in insurrection” within the meaning of Section 3”. However, it reversed the Colorado Supreme Court decision on this simple principle – “States lack the power to enforce Section 3 against Presidential candidates.”
Section 3 also provides “Congress may by a vote of two-thirds of each House, remove such disability.” This has not been done so Trump remains disqualified under the 14th amendment.
JD Vance may also be disqualified. Allegedly, he said that Trump did not lose the 2020 election. This was the basis for the January 6 insurrection so it might be asserted that he “gave aid or comfort” to the insurrection efforts and/or those who engaged in that effort. If so, he would then also be disqualified to hold the office of the vice president.
2. President Biden’s obligation under the constitution
President Biden is legally obligated to “preserve, protect and defend the Constitution of the United States”. President Biden should convene Congress to vote on removing the disqualification or, if they don't, NOT transfer the presidency to someone constitutionally disqualified to hold office. At the very least, until absolutely clarified, it would seem President Biden should take only limited steps in furtherance of the traditional transition of power.
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The Decision Makers
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Petition created on November 29, 2024