14th Amendment, Section 3

"Disqualification for Rebellion"

I've spent some time researching and reading about the "Disqualification for Rebellion" clause (aka "Disqualification Clause" of the Constitution otherwise know as Section 3 of the 14th Amendment. Based on a plain language reading of the "Disqualification Clause" as well as it's relationship to the Constitution, Mr. Trump should be excluded from running for the Office of President of the United States.

 

While Republicans and Mr. Trump's acolytes believe that the voters should decide whether Mr. Trump should return to the Presidency, he must first qualify to be a candidate. Mr. Trump's actions leading up to and following the November 2020 election indicate that he intentionally wanted to stay in office despite the election results.

 

I am not a lawyer and Mr. Trump is innocent until proven guilty.

 

However, I believe that the Colorado State Supreme Court and the Maine Secretary of State made the correct decisions.  There are several States' Supreme Courts which have passed on indicting Mr. Trump. I believe that passing on an indictment or referring to Congress, is simply a political passing of responsibility.

 

What follows is the research that I used to make my decision. The research includes the Colorado State Supreme Court and the Maine Secretary of State decisions as well as news articles and related Federalist Papers.

 

I have provided the cites for the articles as well as the website links. (As an FYI, The Atlantic and The Washington Post require a subscription to read the full articles.)

Tracking Section 3 Trump Disqualification Challenges

 

Beginning in winter 2023, voters and advocacy groups have brought Section 3 challenges in courts across the country, attempting to block Trump’s name from appearing on ballots for state primaries and caucuses before the general election begins.

 

Page 2 of the below discussion contains a colored map of state-by-state case status.

 

Source:

Lawfare online

This project was created by Hyemin Han with Caleb Benjamin on Oct. 30, 2023. It is regularly updated and

edited by Han, Anna Bower, Matt Gluck, Tyler McBrien, and Roger Parloff. It was last updated on Jan. 31, 2024.

https://www.lawfaremedia.org/current-projects/the-trump-trials/section-3-litigation-tracker

The below table lists the various Section 3 litigation and case details by State as of 01/31/24.

 

The table was created using Datawrapper by Hyemin Han, Caleb Benjamin and obtained from Lawfare at:

https://www.lawfaremedia.org/current-projects/the-trump-trials/section-3-litigation-tracker

 

Note that the procedural posture and legal theories behind these challenges vary greatly, and a dismissal in any particular action does not necessarily bar other challenges from being brought in that same state, nor do current dismissals necessarily preclude new challenges from being brought before the general election begins.   https://www.lawfaremedia.org/current-projects/the-trump-trials/section-3-litigation-tracker

Federalist Papers